What Are Well Known Trademarks?
As per Trademark Rules 2017, a procedure has been created which allows the Registrar to proclaim a particular trademarks as “well Known”. There is a proper list which has been drawn and that helps in kwing the well known brands in the market.
Well known marks are defined under section 2(1)(zg) of the Trademarks Act, 1999, and defined the term Well Known Marks as “well known marks are a mark which ahs become well known to the section of public which uses such 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 product would think that the goods and services that are provided is with relation to the well known trademark.
Indian Statutory Provision
A well known trademarks has been granted an extraordinary protection and safeguards against passing off and infringement of such trademarks are recognized in India on the basis of their reputation, nationally and internationally.
Provisions related to well-known Trademarks
- Rule 124 of Trademarks Rules, 2017
This rule permits the Trademark owners to file a request for grant of “well known” Trademark to the registrar in the form of TM-M. A Trademark owner can request for a well known trademark without getting into any proceedings or rectifications. Rule 124 ensures a Trademark to be granted the tag of “Well Known” trademarks 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 registration of a well known trademarks
For a trademark protection in all over India, it is not necessary that a mark owner has its business in India or its Trademark is registered in India, nor is it required that the trademark is known to the masses as whole.
- 11(10)- Obligation on the Registrar
It is an obligation of the Registrar of the Trademark that in case of dispute and/or infringement the Registrar must protect the interest of the 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
- The owner can prevent registration of similar and deceptive similar trademarks in respect of all classes of goods and services.
- He can also prevent incorporation of the trademark in the name or logo of any Organization or corporate name.
- Further the owner can also request removal of the infringing mark and can ask for punitive damages too.