Trademarks Mark More Than Trade Now

Introduction

The classical function of trademark law was to identify the source of each good or service in the market. Trademarks were meant to help consumers distinguish between similar ones. As per its definition, a trademark is a "distinctive mark capable of graphical representation, which is used in commerce and is distinguishable from other marks in the market¹. However, of late, trademarks have come to symbolise status, social affiliation, and personality².

This blog argues that the expansion of trademark protection in such a manner raises concerns along the lines of market competition, constitutional expression, and cultural freedom.

Has Trademark Law Taken A "Luxurious" Turn?

Way back in 1979, the House of Lords recognised the secondary meaning acquired by a mark amongst the public, and permitted an action against misrepresentation by a trader, aimed at injuring the goodwill earned by the former mark³. The Indian statute reflects this position by protecting the character