Application Of Trademark Law In Jammu And Kashmir: A Case Study Of Handicrafts And Handloom Sector

Abstract

Trademark protection works best in growth-oriented cultures where customers may make deliberate choices. A trademark is a symbol of a product’s identity in the marketplace, encapsulating all of its distinguishing features. The social value of a trademark is directly
connected to its economic value. Handicraft and Handloom sector is one of the major contributors in the GDP of India and same holds true in case of Union Territory of Jammu and Kashmir. A great number of workers are involved in Handicraft and Handloom sector in
Jammu and Kashmir. It is a major source of livelihood to these workers. A wide range of products are produced by these people which represent the rich cultural heritage of the UT. These products are globally popular and have a great value in the global and local markets. Trademark although not widely used by these producers can act as a source of protection to the reputation of these products and it can also serve as a guarantor of their origin and quality. Once a product acquires goodwill in the market and the product is traded under a registered trademark, it will be a driving force for more demand and therefore more production, as the product with trademark depicts its authenticity and good quality. More production means more contribution to GDP which in turn means rise in the income of those associated with it. The people who are directly connected to this sector know very little about the trademark and have its registration. In India Trade Marks Act, 1999 presents a  legal basis for governing and dealing with the mechanism of trademark registration and tradenark protection.