What is a well known Trademark?
As per Trademarks Rule, 2017, a new procedure has been introduced by the Trademark registry which allows Trademark registrar to proclaim a particular trademark as “Well Known”.
Section 2 (1)(zg) of the Trademarks Act, 1999 defines Well known Trademarks and states that well known trademark is a mark which has become well known to the section of the public which uses goods and services and use of that mark in relation to goods and services of other business would be considered as infringement as customers using the products would think that the goods and services given are in relation to the well-known brand.
Statutory provisions under Indian law
A well known trademark has been given extraordinary protection and safeguards against passing off and infringement of such trademarks. Well-known trademarks are recognized in India on the basis of their reputation, nationally and internationally.
Provisions related to well known Trademark
- Rule 124 of Trademarks Rules, 2017
By filing of Form TM-M the Trademark owner could be granted a status of a Well Known trademark after filing of evidence and supporting documents thereof. A Trademark owner can request for a well-known trademark without getting into any proceedings or rectifications.According to Rule 124 a Trademark owner could be granted the tag of “Well Known” merely by an application of request to the registry.
- Under Trademarks Act, 1999
- 11(2)- Protection of well known marks across all classes- Well Known Trademarks are to be recognized and protected across all the classes of goods and services.
- 11(9)- Conditions not required for Well-Known Trademark Registration- or a Trademark to be granted princeton in India, i is not necessary that the mark owner must have his business in India or its Trademark is registered within India, nor is it required that the trademark is known to the masses as a whole.
- 11(10)- Obligation on the Registar- It is an obligation on the registar that in case of a dispute and/or infringement that regustar must protect the interest of a well known trademark against the identical ones and also must take into consideration and notice the ill intention and malafide motive of the complainant or the opponent.
Remedies available to the Trademark owner against infringement
Following are the remedies that are available to the Trademark owner against Trademark infringement-
- The owner can prevent the registration of similar and deceptive similar trademarks in respect to all classes of goods and services.
- He can also prevent the incorporation of a trademark in the name or logo of any organization or corporate name.
- Further the owner can also request for removal of the infringing mark and can ask for punitive damages too.
BIAT Legal LLP is a one stop solution for all your Intellectual Property needs. The team of professionals would help you in granting of a status of a Well Known Trademark in India.