INTRODUCTION

What will be done if someone uses the business idea of one? A business idea or its name or mark
is also an asset and protection of the same is necessary for smooth and easy operation of business.
Intellectual Property Rights allows people to acquire ownership over creative and innovative ideas
they have for their business as the same way ownership of physical property is obtained.1 IPR is
like a solution and answer to the question of legality for protection of any business ideas. Over the
years the value of Intellectual Property Rights have raised rapidly in Business and now became a
vital part of the same. This new concept binds the creator with its new innovative idea and give
legal status to use the intangible property and consider the infringement for the use of same
intangible property by person other than owner as illegal. They also have political and economic
significance in the present era. Patents, Copyright, Trademark, Geographical Indication, Industrial
designs and trade secrets are the matters of discussion and debates. However, Geographical
Indication is the new one in this concept of IPR. It has emerged as an important means to protect
the Intellectual Property. The concept of Geographical Indication was introduced by World
Intellectual Property Organization at the time when they were discussing about a treaty for
protection of names which were indicating geographical indication.

Trademark and Geographical Indication both are an important concept for protection of any
product and the same is extended for consumer’s protection. In this present work the intersection
of trademark and geographical indication would be discussed for the protection of product and its
importance for the consumer. For drawing attention to this concept of Intellectual Property firstly,
legal aspect of trademark has to be explain properly. Both the concepts will be explained in this
chapter.

1.1 Trademark

A trademark can be any sign or symbol that gives identification of any business and distinguish it
from its competitors.2 Trademark provides a better option for marketing of any product or service
as recognition become easier and quality is assured from consumers’ point of view. A person in

1
Anita Rao and V.Bhanoji Rao, Intellectual Property-A Primer, 1 (1st edition, Eastern Book Company) (2008).
2
Introduction to Intellectual Property-theory and practice(Kluwer Law International,1997)pg184
whose name trademark has been register can restrict other from using the similar mark which could
lead to confusion in consumers’ mindset. By this low quality substitutes of any product can be
prohibited from replacing quality products. It can be a word, symbol, sign or a combination of all
created by a manufacturer to give a product an identity in connection to the product or service.
With this people were able to identify a quality product from other low quality ones.

Section 2 (1) (i)(viii)(zb) of the Trademark Act, 1999 defines trademark as, a mark capable of
being represented graphically and which is capable of distinguishing the goods or services of one
person from those of others and may include shape of goods, their packaging and combination of
colours.

Trademark is one of the aspect of Intellectual Property, with the purpose to protect the mark of the
product or of the service. Thus, a mark capable of being represented graphically and through which
one person’s product or services can be distinguish from its competitors. A trademark can of any
shape, symbol, sign, word or a combination of these all. Registration of trademark is not
mandatory, but due to increasing cases of infringement registration is advised to all small and large
business. Global protection of trademark is also a going concern in the present era. Some goods
are closely related with its regional significance. The new concept of geographical indication is
extended to protect such goods.