LL.M Dissertation 2024 -25

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Consumer Protection under the Trademark Regime in India: A Legal Study
(National Law University and Judicial Academy, Assam, 2025-06) Daimari, Marlin
In India market-oriented economy trademarks play a important role in shaping brand identity, fostering competition, as well as guiding consumer decisions. However, there appears to be an imbalance within the current legal system while it offers strong protection to trademark owners, it often does so at the expense of consumer-focused consideration. Although the trademarks Act, 1999 addresses deception and confusion, it does not explicitly centre consumer rights as a primary legal objective. Meanwhile, the Consumer Protection Act, 2019 addresses unfair trade practices but lacks targeted mechanisms to resolve trademark related issues. This fragmented approach creates gaps, misleading advertisements, and counterfeit goods