Rights and Protection of Well-Known Trademark in India The well-known trademark registration application is made to the controller of the trademark registry, which after due consideration provides special protection to these trademarks. WIPO has also laid down specific guidelines for member countries for safeguarding well-known trademark. The scope of protection of a well-known unregistered trademark has also been increased.
What is Well-Known Trademark Well-known trademark is recognised as a mark which has attained the special status among the prominent section of the public, and if any other service or goods provider uses such marks, it would be considered an indication that the product is associated with the later service provider and hence would amount to trademark infringement. Recognition of marks as well-known mark departs the basic objective of registering a trademark; as trademark registry is given directions not to register any mark which is similar or identical to the well-known trademark. Related: Check the availability of Trademark (Trademark Search)
Determination of Well-Known marks • The geographical area of promotion or recognition of the mark. The promotion can include fairs and exhibition of the goods and services which are associated to the mark. • The time of application of the registration of the mark • The duration extent and geographical area of any use of the mark in India. • Recognition of the trademark among the relevant public. • The value which is associated with the trademark More Check the Status of your Trademark
10 Well-Known Trademark Recognized in India • Bata • Philips • Yahoo • Volvo • BISLERI • Taco Bell • MAHINDRA &MAHINDRA • RED BULL • TATA • Hamdard
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