Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

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4. Results: Answers
Protection of foreign trademarks
Under what circumstances may foreign trademarks not registered in the jurisdiction be enforced (eg, under unfair competition law)?

Answer ... As trademarks rights are jurisdictional in nature, Indian trademark law offers protection to trademarks used or registered in India. However, Indian courts have taken into consideration factors such as transborder reputation and goodwill in protecting a trademark that is used or registered in foreign countries.

Indian courts have consistently objected to the unlawful gain or profit from the reputation built by third parties around the world. Further, Indian courts have also objected to passing off, which is a tort actionable under common law and is mainly used to protect the goodwill attached to unregistered trademarks, including foreign trademarks.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates
Does the trademark office permit registration of a mark based on a foreign or international (Madrid) registration?

Answer ... India is a signatory to the Madrid Protocol, which is a system administered by the World Intellectual Property Organization that allows an applicant to obtain a bundle of single jurisdiction trademark registrations based on an international registration.

In addition to the Madrid Protocol, a trademark applicant may file an application under the Paris Convention. The Paris Convention provides rights to member countries for the purpose of grant and protection of industrial property in a given member country. Through a convention trademark application, a party can seek to register a trademark claiming priority from a convention member country. If the trademark is registered, it shall be registered as of the date on which the application was made in the convention country.

For more information about this answer please contact: Essensee Obhan from Obhan & Associates