TRADEMARK PROTECTION: AN INTERNATIONAL PERSPECTIVE

Download .pdf, .docx, .epub, .txt
Did you like this example?

ABSTRACT Trademarks are signs and combinations that identify goods and services of a particular individual offered in a market. Today the trademark is a way to attract the public. Consumers look at trademarks to choose goods and services, which increases the role of trademarks in global marketing.

Don’t waste time! Our writers will create an original "TRADEMARK PROTECTION: AN INTERNATIONAL PERSPECTIVE" essay for you whith a 15% discount.

Create order

Trademarks are important in the sense that most of the consumers rely on the symbols, letters, or labels that the company attached with its products in order to buy them. Often, consumers are deceived by selling local quality products under the brand name. This not only break the trust of the consumers but it also hamper the reputation and goodwill of the brand name and its business. Hence, trademark needs to be protected from such fraudulent activities not only nationally but internationally too. Sometimes, trademark is infringed in a foreign country and due to territorial restrictions; the trademark owner is not able to protect his mark in that country. Our intellectual property system offers a legal means for such protection. There exists a complete international system for trademark protection. Several international agreements have been signed to facilitate the international protection of intellectual property rights. The oldest is the Paris Convention of 1883 and the most recent is TRIPS in 1994. There are several other global and regional agreements, signed between the Paris Convention and TRIPS, which are still in force today such as the 1891 Madrid Agreement on the International Registration of Trademarks, the 1989 Madrid Protocol on the International Registration of Trademarks, and the 1994 Trademark Law Treaty. This article examines various treaties, convention and agreements made internationally for the protection of trademark in the global market.

  1. INTERNATIONAL AGREEMENTS –

The Paris Convention and TRIPS both provides many general principles and rules for the protection of intellectual property rights.

  • PARIS CONVENTION

The Paris Convention for the Protection of Intellectual Property is one of the oldest and important treaties for the protection of intellectual property rights signed in 1883 in Paris. It also established a union named Paris Union for protecting intellectual property rights. It applies to all intellectual properties such as trademarks, utility models, patents, geographical indications. The Paris Convention provides three principles for protection of intellectual properties[1]: –

  1. National Treatment – The Paris Convention provides that each member country of the convention must provide equal and same protection of intellectual property which it grants to its own citizens, to the nationals of other member countries. For example, if a citizen of India wishes to obtain a Trademark Protection in United States, he will get same protection and rights under the same conditions which United States will provide to its own nationals as both India and United States are the signatories of Paris Convention.

Do you want to see the Full Version?

View full version

Having doubts about how to write your paper correctly?

Our editors will help you fix any mistakes and get an A+!

Get started
Leave your email and we will send a sample to you.
Thank you!

We will send an essay sample to you in 2 Hours. If you need help faster you can always use our custom writing service.

Get help with my paper
Sorry, but copying text is forbidden on this website. You can leave an email and we will send it to you.