Trade marks law rationale; Balancing of producer and consumer interest

Abstract

This paper is mainly focused on use and abuse of trademarks with reference to producer and consumer interest which is repeatedly challenged in Supreme Court and different High Courts. Trademarks have long been used by manufacturers and traders to identify the origins of their goods and services and to distinguish them from goods and service made or sold by others. This function of identifying the source of goods and services has historically been the trade marks most important element. Trade mark plays a central role in the economy and are the subject of national trade mark laws in most of the world's countries. the protection for such trademark should be continued based upon trademark law principles and the principles of other relevant laws, especially the law of unfair competition. They are comprised of the principle of preventing confusing use of a trademark, the principle of preventing use of rights obtained by a breach of trust, the principle of preventing use of a trademark in bad faith, and the principle of preventing use of a trademark that interferes with the general principles of international trade.