The Doctrine of Tacking in Trademarks

Page 1

The Doctrine of Tacking in Trademarks The Trademark Law confers the exclusive right to use a trademark up until it is maintained by the proprietor or an authorized user. Proprietors may choose to upgrade or introduce changes in their marks to meet the contemporary needs of the culture and society. However, it should be noted that any modification of the original mark has a significant bearing on the nature of rights exercised. It is where the Doctrine of Tacking in trademarks assumes the center stage to bridge the gap between an old mark and a refurbished mark.

The Concept of Trademark & Infringement: Extending Conventional Boundaries A trademark is any word, name, symbol, or device that can be graphically represented to identify the origin of the goods and services and distinguish the goods and services of one from that of another. Therefore, as long as the mark is in commercial use, the trademark owner has the exclusive right to use his mark and prevent any subsequent owner from using any mark that bears similarity or identity to his mark, possibly leading to confusion


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.
The Doctrine of Tacking in Trademarks by kashish Intellectual Property - Issuu