THE PROBLEM OF GENERICIDE IN TRADEMARK LAW: A COMPARATIVE STUDY WITH FOCUS ON INDIAN JURISPRUDENCE

Abstract

Abstract
This research article critically addresses the subject of genericide in trademark law, with a comparative focus on Indian jurisprudence. It analyzes how trademarks lose their individuality and legal protection when they become generic words through public usage. With a focus on legal tests, evidence procedures, and judicial tendencies, a thorough comparison of legal standards in the US, EU, and India is provided. The study outlines the flaws in India's present strategy and makes policy suggestions for procedural change and doctrinal clarity. It emphasizes how crucial a strong legal system is to preserving trademark integrity and customer confidence.