• Dr. Subanjali Chopra

Until two decades back, all foreign collaborations approvals issued by the Ministry of Industry contained a condition prohibiting the use of any foreign brand names on goods for sale within the country. This condition, however, was not applicable in case of exports. During the 1980s, the government permitted the use of hybrid trademarks to attract foreign investment. With economic reforms introduced in 1991-92, liberalization of foreign investment and market access has been accepted as a policy by the Government of India. It has now been decided that henceforth no condition would be imposed on the use of foreign trademarks (FTMs) in India. The purpose of this paper is to study the aforestated developments and the likely impact of the use of FTMs in the country’s market. The use of popular or prestigious trademarks has today become one of the most important factors in successful marketing. These trademarks are used by companies for marketing their products in the domestic as well as foreign markets. The trademarks owned by MNCs or foreigners are registered and protected in their home countries and may be referred as Foreign Registered Trade Marks (FRTMs). However, if they are also registered or used in India, they become Indian trade marks but better called FTMs. The import and marketing of goods bearing FRTMs has never been prohibited if import of these goods as such is allowed in India. The Government of India declared the principle more than three decades ago in relation to foreign collaboration approval that “use of FTMs shall not be permitted for internal sales” and that “there is no objection to their use on products to be exported”. There has been no specific law which prevented the use of FTMs. The regulation was administered only through a bureaucratic control. In fact the system of approval of foreign collaborations including the use of FTMs had been initiated and administered by the government from late 50s without any express authority under any particular law. With the enactment of FERA, 1973, the matter required formal approval of the RBI.

Liberalization and Use of Foreign Trade Marks in India

"Liberalization and Use of Foreign Trade Marks in India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.1, Issue 3, page no.1317-1320, August-2014, Available :http://www.jetir.org/papers/JETIR1701602.pdf

"Liberalization and Use of Foreign Trade Marks in India", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.1, Issue 3, page no. pp1317-1320, August-2014, Available at : http://www.jetir.org/papers/JETIR1701602.pdf