Well-Known Trademark in India – Meaning, Benefits & Recognition
What is a Well-Known Trademark?
A Well-Known Trademark is a trademark that is widely recognized by the public, especially by consumers of related goods or services. These marks enjoy special protection under Indian trademark law, even if they are not registered in a specific class.
As per Section 2(1)(zg) of the Trade Marks Act, 1999, a well-known trademark is a mark which has become known to a substantial segment of the public, such that use of the mark in relation to other goods or services would likely indicate a connection with the original mark.
Procedure For Well-Known Trademark Through TaxWare ?
Benefits of a Well-Known Trademark
Protection Across All Classes: Unlike regular trademarks, well-known trademarks are protected across all classes of goods and services.
Exclusive Rights: You gain strong legal grounds to stop misuse or dilution of your brand.
Brand Reputation: It significantly boosts the value and reputation of your brand in the market.
Legal Presumption: Courts and tribunals presume a higher level of consumer recognition and brand value.
Criteria for a Trademark to be Recognized as Well-Known
The Registrar considers various factors including:
Recognition by the public
Geographical spread and use
Advertisement and publicity
Value and volume of sales
Legal recognition in foreign jurisdictions
Enforcement of rights in earlier trademark disputes
Legal Protection of Well-Known Trademarks
Once listed, a well-known trademark cannot be registered or copied by any other person in any class. Courts also grant stronger injunctions and damages in cases of infringement or brand dilution.
Conclusion
A well-known trademark status is a powerful asset for any brand. It not only ensures broad legal protection but also affirms the brand's recognition and trust among the public. If your brand has gained substantial market presence, it's worth applying for this recognition.
