Trademarks,
brands and trade names have assumed great significance in today’s
world. They are also essential part of intellectual
property rights (IPRs) that must be adequately safeguarded.
With information technology supplementing the sale
and distribution of goods and services world over, protection of
trademarks has become really difficult. This is the reason why
trademarks must be protected globally as trademark protection is
territorial in nature.
Similarly, online
brand protection in India has become a must these days.
The companies around the world are so particular about protecting
their brands that they at times cross
the limits of lawful acts. Trademark
and brand protection under new GTLDs registration by ICANN
would further complicate the scenario.
Trademark
registration in India is governed by the Trademarks Act
1999 of India. A registered trademark is valid for a period of 10
years that can be renewed for another 10 years at a time. Further,
international
registration of trademarks under Madrid Agreement and Madrid Protocol
can also be explored by applicants. However, the Madrid
Agreement and Madrid Protocol and its applicability and
implementation in India are still in a flux.
One such trademark issue that is presently
contestable is pending between Financial Times and Times of India.
The dispute pertains to use of the words/brand financial times. Both
parties are asserting their rights to use the name financial times.
This has become a two-decade old trademark dispute that has now come
before the Supreme Court of India for final adjudication.
The UK based Financial Times is planning to bring
online and facsimile editions in India. It has already received
clearance from the Foreign Investment Promotion Board (FIPB) and
in-principle approval from the Registrar of Newspapers for India
(RNI) in 2009. However, it could not start the editions here as Times
Publishing House, a Bennett Coleman & Co Ltd (BCCL) firm,
obtained a stay from a Karnataka court immediately after the
Financial Times received the approvals. FT had moved the apex court
against this order.
Good growth of e-commerce
in India is also encouraging UK’s Financial Times to
offer subscription for its online edition and applications for
tablets. This would also extend the growth and reach of UK’s
Financial Times in all parts of the world, including India.
In late 1980s, UK’s Financial Times had entered
into a content sharing arrangement with the Times of India Group.
But, the arrangement did not work and Financial Times applied for a
trademark registration in India in 1987. However, it did not apply
for the RNI registration of the newspaper title that time.
