Table of Contents

The Law and Practice of Trademark Transactions

The Law and Practice of Trademark Transactions

A Global and Local Outlook

Elgar Intellectual Property Law and Practice series

Edited by Irene Calboli and Jacques de Werra

The Law and Practice of Trademark Transactions is a comprehensive analysis of the law governing trademark transactions in a variety of legal and business contexts, and from a range of jurisdictional and cross-border perspectives. After mapping out the international legal framework applicable to trademark transactions, the book provides an analysis of important strategic considerations, including: tax strategies; valuation; portfolio splitting; registration of security interests; choice-of-law clauses; trademark coexistence agreements, and dispute resolution mechanisms. Key features include: • A comprehensive overview of legal and policy-related issues • A blend of approaches underpinning strategic considerations with analytical rigour • Regional coverage of the key characteristics of trademark transactions in a range of jurisdictions • Authorship from renowned trademark experts Practitioners advising trademark owners, including trademark attorneys, will find this book to be an invaluable resource for their practice, particularly where cross-border issues arise. It will also be a key reference point for scholars working in the field.

Chapter 23: TRADEMARK TRANSACTIONS IN INDIA: EXPLORING THE GENRE, SCOPE AND CONSEQUENCE

Raman Mittal

Subjects: law - academic, intellectual property law, law -professional, intellectual property law

Extract

Trademark transactions have become indispensable for doing business in India in its domestic and international dimensions while being crucial for growing business practices such as franchising, merchandising and technology transfer. A trademark indicates the source or origin of a product or service and hence allows consumers to make generalisations regarding its quality. In the process a trademark serves as a business identifier and becomes a valuable property of the owner. This dual function of trademarks as an indicator of source and as a valuable property goes to define the structure of trademark transactions in India. Trademark transactions in India are regulated by both the major sources of law, that is, statutory law and common law. For contractual transactions related to registered trademarks it is the Trade Marks Act, 1999 together with the Contract Act, 1872 that provide the bulk of governing law, while common law is additionally relevant for unregistered trademarks. Apart from this, the Specific Relief Act, 1963 and taxation statutes4 also inform various aspects of trademark transactions in India. This chapter presents an exposition and analysis of legal provisions and judicial precedents regulating trademark transactions in India together with related business practices.While license and assignment are the two forms in which trademark transactions manifest themselves, this chapter delves into various aspects of these contracts, such as form, type, term, extent and registration. Rights and liabilities of the parties that emanate from such contracts have been elaborated.

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