Author: Saumya Yadav, LL.M. student at Amity University, Lucknow
Co-Author: Dr. Jyotsna Singh, Assistant Professor at Amity University, Lucknow.
ABSTRACT
Trademark law has evolved significantly over centuries, shaping the legal framework for brand identity, consumer protection, and fair competition. This research paper explores the historical evolution of trademark law, tracing its roots from early trade practices to modern statutory frameworks. It examines the role of international conventions such as the Paris Convention (1883), the Madrid System, and the TRIPS Agreement, which have influenced the harmonization of trademark laws across jurisdictions.
A comparative analysis of trademark laws in key jurisdictions including the United States, the European Union, the United Kingdom, India, and China highlights the similarities and divergences in trademark registration, enforcement, and infringement remedies. Special attention is given to the challenges posed by globalization, digital commerce, and emerging technologies such as AI, blockchain, and non-traditional trademarks (sound, smell, and shape marks).
The study also delves into contemporary challenges, including brand dilution, counterfeiting, and the territorial nature of trademark rights, which often hinder international trademark protection. While harmonization efforts continue, significant jurisdictional differences persist, impacting multinational businesses and intellectual property enforcement. The research further evaluates recent legislative reforms and the role of WIPO and WTO in shaping global trademark policies.
In the final section, the paper discusses future trends in trademark law, emphasizing the potential impact of blockchain-based trademark registries, AI-driven enforcement mechanisms, and the rise of NFTs (non-fungible tokens) in trademark disputes. The study concludes with recommendations for stronger international cooperation, streamlined trademark registration processes, and adaptable legal frameworks that address the challenges of a digital-first economy.
Keywords: Trademark, Jurisdiction, Protection, Competition, Registration.
