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Quick protection of well-known trademarks
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POPULAR WELL - KNOWN TRADEMARKS
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Let's face it… Just because your brand is a household name doesn't mean your trademark is safe? Unless… You get It declared as a ‘well-known trademark’ through Vakilsearch. We can help in the protection of well known trademarks in just 3 easy steps.
A well-known trademarks is a mark that has become popular or famous in a particular industry or among consumers due to its extensive use and promotion. These trademarks have gained a reputation for their quality and unique features, and their owners have exclusive rights to use them.Well-known marks are protected under Section 11(6) of the Trade Marks Act, 1999, which states that a mark is considered well-known if it is known to a substantial segment of the public that uses the goods or services for which it is registered.
A trademark is a symbol, word, or group of letters and numbers that a business uses to claim ownership of a term or visual representation of its goods and services. Basically they are classified into five different types.
This is a kind of mark placed directly in the goods rather than the service. This kind of trademark is used to identify the product's place of origin and supports a company's reputation. Given that they represent goods, trademark applications filed under trademark class 1-34 may be referred to as product marks.
A service mark, like a product mark, is used to distinguish a service from a product. The primary goal of this service mark is to effectively differentiate the owner and other service providers.
Shape marks are solely used to protect a product's shape so that customers would link it to a particular manufacturer and decide to buy the goods.
These products have distinctive design patterns that are mandatory for identifying the product. Only the patterns that stand out as a unique mark are allowed to have this type of recognition.
A sound mark is a noise that can be connected to a good or service coming from a specific vendor. People must be able to quickly and easily recognise the service, product, or show that the sound stands for in order for it to be registered as a sound mark.
A trademark can be a word, sign, symbol, or even a graphic that is used to identify a company, its products, or its services from those of its rivals. This is the typical definition of a trademark.
Under the Trade Marks Act of 1999, a mark is classified as a 'well-known trademark' if it has gained significant popularity among a substantial portion of the public who uses the associated goods or services and recognizes the trademark extensively.
Because the defendant was using the name ‘Rolex’ on their bogus jewellery boxes, the plaintiff Rolex, a Swiss watch company, filed a lawsuit against the defendant for trademark infringement. The court forbade the defendant from using the plaintiff's trademark because it was well-known and highly esteemed and because doing so would lead to confusion among consumers who would incorrectly think that the jewellery was made by the plaintiff's company ‘Rolex SA’.
The defendant in this case was prohibited by the esteemed Delhi High Court from utilszing the term 'Microsoft' due to its global recognition and esteemed reputation. The court ruled that the defendant cannot adopt the name of the well-known mark as their own, considering the plaintiff's trademark holds distinct goodwill and reputation.
In this case, the defendant Manoj Dodia, the owner of Durga Scale Company, was sued by the plaintiff Tata Sons Ltd, a well-known manufacturer of cars and heavy vehicles, for the violation of the TATA trademark. The defendant operated a business that manufactured scales with the A1 TATA mark. The plaintiff sought rescue of the infringing equipment, a permanent injunction, harms, and an accounting. The defendant was forbidden by the court from utilising the plaintiff's trademark because he was trying to capitalise on the established brand name's goodwill. Due to the plaintiff's well-known and established brand name both within India and internationally, the court granted a permanent injunction as well as punitive damages totaling.
The majority of nations protect well-known marks from regular trademarks that are deemed to be a reproduction, imitation, or translation of those marks only if those marks are likely to cause confusion in the relevant market.
Protection for well-known trademarks and marks that are registered in good faith are provided by Section 11 of the Trademark Act, 1999. According to Rule 124 of the Trademark Rules, anybody may submit an application for the registration of a well-known trademark.
The trademark registry doesn't allow registration of trade marks that are identical as that of a famous trademark. Additionally, it organises the criteria for identifying well-known marks through a different application. Anyone seeking to determine whether a trademark is submit an application to the registrar after paying ₹1,000,000 in TM-M form.
In 1998, India subsequently put her signature on the Paris Convention's instrument of accession. According to Rule 124 of the Trademark Rules, anybody may submit an application for the registration of a well-known mark. It declares that all well-known trademarks for goods and services must be protected.
Section 11(6) of the Trademark Act addresses the requirement of factor consideration prior to the determination of a well-known trademark. In order to protect, WIPO opted foreign joint resolution resulting in the protection of well-known marks in 1999.The Trademark Act's Section 11(7) states that when determining whether a trademark is known or recognised in the applicable section for the purpose outlined in Subsection, the number of actual or positional customers of goods and services, the number of individuals involved in the distribution channel system, and the business circle dealing with the goods and services to which the trademark shall apply should adhere to all the factors that are taken into account. The prerequisites that are not necessary to determine whether a trademark is covered by Section 11(9) of the Trademark Act.
All firms must invest in branding and advertising due to the intense competition in today's markets. Businesses invest in a range of advertising platforms, such as the internet, newsprint, radio, and TV, to advertise their brand to consumers. A well-known trademark can help in safeguarding the investments and provide greater ROI.
This serves as an effective weapon in the fight against unfair competition is a trademark registration. Today's market is filled with copycats and counterfeiters that profit from brands that have been dishonestly used.
According to the Companies Act of 2013, a company's name cannot be the same as or nearly the same as a registered trademark. The names that the business plans to use in the future can be blocked using this clause. A trademark and a business name cannot be the same or very similar. As a result, once a trademark is registered, a corporation cannot be created under the same name.
A well-known trademark is a trademark that is widely known and recognized by consumers. It has a strong reputation and is associated with high-quality goods or services. Well-known trademarks are valuable assets for businesses because they can help to attract customers, increase sales, and deter competition.
In addition, well-known trademarks receive additional protection under trademark law. For example, well-known trademarks can be protected from being used on goods or services that are not related to the trademark owner's goods or services. This is to prevent consumers from being confused or misled about the origin of the goods or services.
There is no formal process for listing a trademark as well-known. However, there are a number of factors that courts will consider when determining whether a trademark is well-known, including:
If you believe that your trademark is well-known, you should document the evidence that supports this claim. This could include evidence of your trademark use, advertising and publicity, and consumer recognition. You may also want to consider registering your trademark in as many countries as possible.
If your well-known trademark is infringed, you have a number of remedies available to you, including:
To file a well-known trademark in India, the applicant must submit the following documents to the Registrar of Trademarks:
Evidence to support the claim that the trademark is well-known, such as:
The applicant must also pay the prescribed filing fee.
The applicant is responsible for ensuring that the application is complete and accurate. The applicant must also provide the Registrar with any additional information that the Registrar may request.
The Registrar of Trademarks is responsible for examining the application to ensure that it complies with the requirements of the Trademark Act and Rules. If the application is found to be in order, the Registrar will publish the details of the trademark in the Trade Marks Journal.
Any person who objects to the inclusion of the trademark in the list of well-known trademarks may file an opposition within the specified time period. The Registrar will consider the opposition and issue a decision.
If there is no opposition, or if the opposition is unsuccessful, the Registrar will include the trademark in the list of well-known trademarks.
A well-known trademark is a trademark that has acquired a reputation or goodwill in the relevant sector or segments of the public, such that its use by another party for identical or similar goods or services is likely to cause confusion or deception.Well-known trademarks are given special protection under intellectual property law (IPR). This means that they can be registered even if they are not used in India, and they can be enforced against third parties who use them without permission, even if the third party is not located in India.
The criteria for determining whether a trademark is well-known vary from jurisdiction to jurisdiction. However, some of the factors that are typically considered include:
An application for registration of a well-known trademark can be filed with the trademark office in the relevant jurisdiction. The application must be accompanied by evidence to support the claim that the trademark is well-known. This evidence may include:
The trademark office will review the application and decide whether to register the trademark as a well-known trademark. If the trademark is registered, it will be given special protection under IPR law.
We are pioneers in protecting the popular! Yes, our team of experts can effectively complete the whole process of trademarks registration in just a few steps. Get on call with a trademark registration expert and resolve all your queries. Our team will provide a complete road map to the whole process and help you with all the compliances. All this at fantastic affordable prices.
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