While the first three essays in the “Methodological Perspectives” section looks at justifications of trademark law and its expansion as a whole, the last essay in the section by Clarissa Long (pp.132-147), provides an examination of the forces that have created and shaped a particular portion of trademark law, trademark dilution.
Trademark law in UK is governed by the Trade Mark Act 1994. The 1994 Act represented the first major overhaul of trade mark law in almost 5o years, replacing the Trade Mark Act 1938. According to Jennifer Davis it incorporates into UK law the first council Directive Of 21 st December 1989 to approximate the laws of member States relating to trademarks.
Overview of Trademark Law 1. What is a trademark? 2. What sources of law govern trademarks? 3. What prerequisites must a mark satisfy in order to serve as a trademark? 4. How do you acquire rights in a trademark? 5. What does it mean to register a trademark? 6. Can trademark rights be lost? 7. What constitutes trademark infringement? 8.
The Trademark Act, 1958 was thereafter repealed by the Trademark Act, 1999 which at present governs trademark law and practice in India. The Trademark Act, 1999 was enacted with the intent to revise the Act in congruity with latest developments witnessed in trading and commercial practices, rapid globalization and for harmonization with International trade laws.