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On 21st July 1994 the Trade Marks Act 1994 received the Royal Assent. It introduces the most radical overhaul of British trade mark law for over 50 years and replaces the current regime set out in the Trade Marks Act 1938 as amended. The reforms reflect the increased significance of trade marks in modern commerce and the concerns of business that the current law was increasingly anachronistic.

“Companies, particularly those which sell goods or services direct to the public, regard their trade marks (whether brand names or pictorial symbols) as being among their most valuable assets. It is important therefore for a trading nation such as the United Kingdom to have a legal framework for the protection of trade marks which fully serves the needs of industry and commerce. The law governing registered trade marks is however fifty years old and has to some extent lost touch with the marketplace. Moreover it causes some of the procedures associated with registration to be more complicated than they need be.” This introductory paragraph to the Government's recent White Paper on “Reform of Trade Marks Law” indicates that reform is in the air. The primary pressure for reform has emanated from Brussels with the need to harmonise national trade mark laws before the advent of the Single European market on 1st January 1993. To this end the Council of Ministers adopted a harmonisation directive in December 1988 which must be translated into the national laws of member states by 28th December 1991.

As the third part of an article, this explores and reviews current trans‐national protection for brands in Europe. How have the recent European trade mark reforms impacted on the whole area? Looks at a pan‐European strategy which benefits the large players. Linguistic and cultural differences still affect the behaviour of the European consumer. Future applicants of a CTM need to understand these implications in order to follow a cost‐effective and practical means to safeguard their brands.

Examines the current protection afforded to brand owners within the realms of cyberspace, specifically the World Wide Web. Trade mark law currently provides a benchmark for the law and its attempt to regulate the problematical operation of Internet addresses and Web sites. These commercial sites can be contacted by potential customers through the operation of “Internet domain names”. It is the abuse of these valuable domain names, however, that has aroused considerable controversy for brand owners over recent years. In particular, the apparently powerful terrestrial brands have proved easy targets as cyberbrands – for those rather unscrupulous individuals seeking to take advantage of considerable brand goodwill by placing them on the Internet, only to ransom to the highest bidder, often the (terrestrially) “legitimate owners”. Brand owners must remain vigilant, and this article analyses the curent situation and offers sensible and practical advice for those seeking safe and cost‐effective brand exposure on the Information SuperHighway.

Alongside the ubiquitous computer games apparently the marketing success of the 1992 toy season was a series of 25 year old puppets who had featured in a repeat showing of the orginal ITV series on BBC — Thunderbirds — more than 70 franchises have been sold to sell goods marked with the International Rescue logo and it is alleged that these products are even bigger than the previous smash marketing hit the Teenage Mutant Ninja turtles, saving thousands of jobs and making substantial profits for the British toy industry. The characters are licensed for right‐owners ITC (originally the international marketing arm of ATV, the ITV company which put out the programme, and now an independent company, ATV having long since lost its ITV franchise) by Copyright Promotions, Europe's largest licensing company (‘Thunderbirds are go to save the toy industry’ Sunday Telegraph 15/11/92).

From time to time before the Industrial Revolution a small number of influential patrons of the Arts exercised great influence on design. Such names as George IV, the Prince Consort, William Morris, Earl of Burlington, and Robert Adams covering the last two centuries spring to the mind. In the year 1944, while the second world war was still on, a movement was inaugurated by the Coalition Government to improve the standard of design generally, sponsored largely by the Government. It was recognized that the term ‘British Made’ alone was not enough to secure success in a highly competitive market where there is absolute necessity to develop and extend the export business. According to The Sunday Times of 26th June 1945, a simple questionnaire on the design factors affecting exports was addressed to thirty foreign Embassies and Legations in Britain. In addition, personal discussions took place with the attaches of seventeen countries. The answers of these experts were most interesting and illuminating.

Examines provisions of the 1992 Regulation on the registration of geographical indications and designations of origin for agricultural products and foodstuffs. Also examines protection of such names under the United Kingdom Trade Marks Act and the law of passing off.

Discusses foreign investment in the USA, which often carries the prerequisite of acquisition of intellectual property rights. Talks about some of the issues that can arise when acquiring intellectual property rights and outlines some planning procedures which helps to protect the buyer from, for example, third party claims to the rights. Starts with patents and offers advice on checking ownership, acquiring all existing and pending patents, carrying out independent title searches in the US Patent and Trademark Office, as well as on‐line, checking to see if any legal action has been taken on patent infringement, acquiring assignments and licenses, reviewing employment agreements, checking for infringement of third party rights, and checking who has responsibility for recordation of the assignment. Moves on to trademarks – their ownership and registration, assignments and licenses, proper use, infringement and validity of the mark, recordation and cost of assignment. Deals next with copyrights and their ownership, licenses, proper use, validity and enforcement. Finishes with trade secrets and their ownership and maintenance of secrecy. Concludes that diligent investigation is the only way to safeguard that what you expect to get will be what you actually receive.

The law of passing‐off concerns itself primarily with the protection of a trader's goodwill — his customer connection. It has proved itself an expansive tort action, being used to combat a diverse variety of commercial dishonesty and unfair competition. In the leading case of ERVEN WARNINK BV v J. TOWNEND & SONS (HULL) (‘the Advocaat case’) [1980] RPC 31, Lord Diplock observed:

This study aims to compile the present situation of comparative advertisement in Indian markets and the existing legal remedies by citing some factual cases from the industry and important judicial pronouncements.

It is a qualitative research based on primary and secondary source of information. Secondary sources comprise of statutory provisions of relevant act, articles/news items available in academic/trade journals and information generated from Government of India web sites. Primary research involved face-to-face interactions with practising advocates from Delhi High Court and Supreme Court of India in the area of trademarks. Information was collected on parameters related to efficacy, applicability, enforceability, monitoring, and legal issues of trademarks and disparagements.

In India, comparative advertisement is relatively a new concept and the lawful remedies are not that strong as that is other countries. In the absence of the stringent laws, the practice of comparative advertisement has seen many derogatory consequences a few are mentioned here. The paper concludes by giving recommendations on the issues of legal aspects of comparative advertisement in India.

This research paper attempts to provide an overall understanding of judicial environment on comparative advertisement in India which is still at its nascent stage.