Consumer Protection under the Trademark Regime in India: A Legal Study
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Date
2025-06
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National Law University and Judicial Academy, Assam
Abstract
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
Description
Dissertation submitted to National Law University and Judicial Academy, Assam
in partial fulfilment for award of the degree of
MASTER OF LAWS/ ONE YEAR LL.M. DEGREE PROGRAMME
Submitted by:
Marlin Daimari
UID: SF0224020
I Year II Semester
Supervised by:
Dr. Debasis Poddar
Professor of Law