Komal Shrivastav & Eshita Yadav, University of Petroleum And Energy Studies, Dehradun
ABSTRACT
The prevalence of liberalization has marked an enormous change in the evolution of the trading system. It might be rightly pointed out that the evolution has emerged a concept of competitive environment amongst all the traders and the protection of which is quite viable in the protection of brands of superior quality. Those associated with low-quality targets restricting their capacity to effectively trade in the free market while enabling their brand to play for quite less time which further plays a psychological effect on the population at large. With the capacity to deal with private products at large in every domain of the market worldwide comes the idea of safeguarding and protecting the worth of the product. From a trading perspective, it restricts the other users to combine their value with assigned satisfactory product in the name of other brand building, and from a consumer point, it is pertinent to say that safeguarding the trust and delivering expected satisfaction as per the mark and value of the product. Apparently with the long passage of time people connect with not only the product but the value of the faith in that product. To ensure the source of a product and distinctiveness of the product the owner of a trademark must prevent others from using the marks in the course of trade and in order to obtain its greatest protection it is advisable to get the mark registered, further lessening the consumer's search. The repeated assurance in the product with purchase is the incentiveforce for the owner to build the quality of the product, to attract market and inherent sole authority and related profits. To combat these incentives against fraudsters willing to fool under the guise of well-known marks’ protection, preserving the interests of the population becomes crucial. The following paper deals with the emergence and identification of the need to preserve the dilution doctrine by analyzing the significant changes brought by it in the trademark law, aided by various judicial pronouncements.
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