University essay from Lunds universitet/Juridiska institutionen

Abstract: The rationale behind trademark law is to protect business goodwill and reputation, but the ultimate benefactor is the public. The trademark as a badge of origin serves as identifier of quality of the products, and thereby facilitates the public in eliminating the confusion about the source of products. Over the last two decades or so, the trademark law in many jurisdictions of the world has significantly expanded in several different ways. Eventually, the scope of rights afforded to a trademark owner has been extended to prevent non-competing uses by others that are not likely to cause consumer confusion but which may dilute the distinctiveness of the trademark owner's mark. In the wake of ongoing technological revolution in the communication and the enhanced process of globalization, the business enterprises seem inclined to show more interest in protecting non-conventional marks such as colour marks, shape marks, smell marks, sound marks, trade dress etc. to capture the competitive global market. Not only has it widened the scope of trademark protection, but it has also provided the business enterprises different options of mark protection. Hence, the scope of trademark protection has attained pivotal importance in the trademark regime. This thesis is an attempt to make a systematic analysis of the scope of trademark protection in different jurisdictions, with a mention of the functions of trademarks and the purpose of the law protecting trademarks.

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