Origin of Trade Mark Law°

The origin of trademark law can be traced back to the Industrial Revolution. Manufacturers began to identify their goods with marks so as to distinguish them from other similar goods. These marks also helped in advertising the goods.

Over a period of time, these marks gained goodwill and reputation, and consumers began to identify goods with particular marks. This also led to competitors copying such marks for their own benefit.

All of this led to the development of trademark law.

Functions of Trade Mark Law

1. To distinguish one’s goods from other similar goods.
2. To enable consumers to identify the source of the goods.
3. It signifies that all goods bearing a particular trademark are of the same quality or equal level of quality.
4. It acts as a prime instrument in advertising and selling goods.

Objectives

Trademark law aims to prevent consumers from deception by protecting trademarks and preventing their infringement.

It protects the reputation and goodwill of traders.

Historical Background of Trade Mark Law in India

Indian Merchandise Marks Act, 1889

Trade Marks Act, 1940

Trade and Merchandise Marks Act, 1958

Trade Marks Act, 1999