Role of public interest in Trademark Law

Abstract

AbstractTrademark Laws should be understood in light of public interest in protecting the public from falling into the trap of confusion, and not as rights that are excluded from scrutiny. It aims to protect trade symbols to avoid the likelihood of confusion among consumers. It is to be seen whether the broad protection is giving any benefit to consumers or it is serving badly the public interest by shielding firms from healthy competition. Broad legal protection to the trade symbols can sometimes disserve the competition and harms the consumer and larger public as well. The paper questions and analyses the objectives of Trademark Law. Are these trademarks untouchable? Can perpetual monopoly be ever touched on public interest grounds? Can public interest grounds supersede economic interests of individual trademark owners? It can be believed that trademarks can definitely be touched and can be objected on the grounds based on public interests. Also, it must be remembered that intellectual property is not a positive right to use the mark but a negative right to stop others from exploiting it. Thus, the ban on controversial brands can very well be held if found obscene or scandalous in nature or if hitting public interest.