Well-Known Trademark: India
![How to obtain the status of Well-Known Trademark in India How to obtain the status of Well-Known Trademark in India](/img/preview/custom/trademark.jpg)
GENERAL UNDERSTANDING |
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Well-known trademarks are outcome of substantial and widely used mark. The usage, recognition, goodwill and reputation including others factors are the governing criteria for a mark to acquire the status of well-known trademark. A well-known trademark enjoys a special. A mark becomes well-known trademark depending on:
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Earlier well-known trademarks were protected under the common law. And the concept of well-known trademark was operational on judicial pronouncements and precedents. Thereafter, Trade Marks Act, 1999, statutorily recognized and defined a well-known trademark u/s. 2(1)(zg). Further, rule 124 of the Trade Marks Rules 2017 empowers the Registrar to determine a mark as well-known trademark after following a due procedure. As per the data available at www.ipindia.nic ,, there are only 97 (Ninety Seven) trademark, which are designated as well-known trademark. Most of the trademark like “Google” relating to search engine and other online services, “Mother Dairy” relating to Milk and Milk related products, “Oral-B” relating to oral care products, “Garnier” relating to toiletry and cosmetic products, “Zee” relating to the services of Media and entertainment etc. are familiar to us. |
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STATUTORY DEFINITION |
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As per section 2(1)(zg) of the Act a well-known trademark is “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services.” As per the above definition of well-known trademark works on the criteria, as mentioned below:
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From the above said definition it is clear that it is used in relating to specific goods or services and the substantial segment of public uses the said goods or services. If any person start using the said mark in relation to the other goods or services, then in such situation there are chances of likely hood of indication of a connection between the other goods or services and the first mentioned goods or services. It is also important to note here that the other goods or services may or may not be similar or identical to the first mentioned goods or services. This allows a wider protection to the owner of a well-known trademark, by restricting others person to use a well-known trademark for dissimilar goods or services also. |
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PROCEDURE FOR DETERMINATION
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: Rule 124 of the Trade Marks Rules, 2017 lays down the criteria to determine a mark as well-known trademark by Registrar of trademarks. The complete procedure as per rule 124 of TM Rules, 2017: | ||
In order to streamline the procedure for making an application for well-known trademark before the Registrar of trademarks, a public notice bearing No. CG Office/TMR/Well-Known TM/335 dated 22nd May, 2017 was published by Controller General, Patent, Design and Trade Marks. |
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BENEFITS OF OBTAINING THE STATUS OF WELL-KNOWN TRADEMARK |
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Benefits of obtaining the status of well-known trademark are as follows:
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Conclusion: A mere claim of well-known is not enough to obtain the status of Well-known trademark, rather it requires creation & development of the mark, prior efforts, widespread usage, high number of sale & expense etc. Thus, a well-known trademark is of high importance for the owner as it cherishes more benefits to the owner. The concept of well-known trademark is also prevalent outside India. With the passage of time and awareness, the protection of Well-Known trademark has developed and is considered paramount under the Indian laws.
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