Trademark Protection & Safeguards for Fashion Designers in India
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The roots of fashion in India can be traced back to more than 6000 years ago which started as a tradition. India still has a rich and aesthetic textile heritage with mostly all the states having their own native attire and traditional costumes with many including accessories as well. On one hand, the Fashion Industry is thriving towards greater heights, on the other hand, it is being taken aback by the menace of piracy in designs. Piracy is the illegal and unauthorized copying, selling and distributing of any work which is protected under Intellectual Property Rights. Piracy with respect to trademark taken place when a person copies the logo or brand name of a business to take advantage of its goodwill and reputation. Trademark is that branch of Intellectual Properties (IP) that enables the consumers to identify the source of the product and to differentiate similar goods produced by different brands. This plays a key role in the Fashion Industry as the name of the Fashion Designer sells and hence, it becomes an important aspect to ensure people can clearly recognize which design belongs to which designer. Therefore, the Trademarks Act, 1999 tries to prevent counterfeiting and preventing the use of such name or logo to pass off copied goods as original.
