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POPULAR WELL - KNOWN TRADEMARKS

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Why Should I Use Vakilsearch for Protection of
Well Known Trademarks?

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.

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Protect your well known trademark

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.

  • Awareness of the mark among relevant public groups
  • The duration, and location of a trademark
  • The overall time period of the trademark's promotion
  • The length of the registration, the areas covered, and the history of successful use of the mark in other jurisdictions.

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 general Indian population is aware of the trade mark
  • How many people working in the channels used to distribute the goods or services
  • How many customers are there, either current or upcoming, for the products or services
  • The area, scope, and duration of any such trademark usage
  • The sector of the economy that deals with their goods or services.
  • Coca-Cola
  • Pepsi
  • IBM
  • Samsung
  • Nokia
  • Microsoft
  • Intel
  • Sony
  • LG
  • Adidas
  • Reebok
  • Puma
  • Nike
  • FedEx
  • HP
  • Canon
  • Nikon
  • Panasonic
  • Mitsubishi
  • Honda

Why Is a Well-Known Mark Significant?

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.

How to List Your Mark as Well-Known?

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:

  • The duration, extent, and geographic reach of the trademark use.
  • The amount and nature of advertising and publicity of the trademark.
  • The nature of the goods or services associated with the trademark.
  • The degree of recognition of the trademark by consumers.
  • The existence of any actual confusion caused by the trademark.

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.

Remedies Against Infringement Of Well-Known Trademark

If your well-known trademark is infringed, you have a number of remedies available to you, including:

  • Injunction: An injunction is a court order that prohibits the infringer from using your trademark.
  • Damages: You may be able to recover damages from the infringer to compensate you for the losses you have suffered as a result of the infringement.
  • Accounting of profits: You may be able to require the infringer to account for the profits they have made from their infringing activities.
  • Destruction of infringing goods: You may be able to have the court order the destruction of any infringing goods.

Filing Of A Well-Known Trademark

To file a well-known trademark in India, the applicant must submit the following documents to the Registrar of Trademarks:

  • Form TM-M
  • A statement supporting the application's grounds for well-known status
  • Evidence to support the claim that the trademark is well-known, such as:

    • Evidence of trademark use in India and/or abroad
    • Evidence of advertising and publicity of the trademark
    • Evidence of consumer recognition of the trademark

The applicant must also pay the prescribed filing fee.

Duties of the Applicant

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.

Duties of the Registrar of Trademarks

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.

Well Known Trademark in IPR

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:

  • The level of inherent distinctiveness of the trademark.
  • The duration and extent of use of the trademark.
  • The geographical extent of the reputation of the trademark.
  • The amount of advertising and promotion of the trademark.
  • The nature of the goods or services associated with the trademark.
  • The existence of registered or unregistered trademark registrations for the trademark in other jurisdictions.

Well Known Trademark Application

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:

  • Sales and marketing data.
  • Advertising and promotional materials.
  • Media coverage.
  • Expert opinions.
  • Registrations of the trademark in other jurisdictions.

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.

Frequently Asked Questions (FAQs)

Maybe, well known phrases can be protected as trademarks if the individual or business applying for the trademark can show that the phrase has developed a distinctive secondary meaning independent of its primary meaning. The phrase must be associated with a specific commodity or service in that secondary sense.
A similar or identical trademark may only be registered by utilising the justification of concurrent use, which is allowed under Section 12 of the Act. In this situation, the Registrar is granted discretionary authority by the legislation. Therefore, it is in the registrar's judgement whether to permit honest concurrent use.
A trademark can be any distinctive symbol, word, numerical, expression, colour and sign combination, or design that identifies the source of a certain product and sets it apart from all other items of the same sort. Any person owning a business or registered as an individual can file their trademark registration.
  • Generic Mark
  • Suggestive Mark
  • Descriptive Mark
  • Arbitrary Mark.
  • Weakest trademarks refers to the least generic words, which are not even acceptable as registered trademarks. These trademarks cannot be registered and cannot be used to compel third parties to use them.
    Well-known marks are protected by the Trade Marks Act of 1999. The Trade Marks Act of 1999 offers two tiers of protection for well-known marks against the filing of any identical marks.
    The two sorts of trademarks with the greatest strength are (1) arbitrary marks, like AMAZON for retail services, and (2) fanciful or coined marks, like EXXON for petroleum products.
    It safeguards original or innovative efforts. The branding used to market goods and services is protected by trademarks. When the work is developed, the authorship gains sole ownership of the copyright. The owner enjoys legal rights over the registered trademark.
    To get a well-known marks, a company needs to establish that its trademark is well-known in India, through evidence such as the extent of use of the trademark, the geographical extent of the trademark's reputation, the duration and continuity of the trademark's use, the amount of publicity given to the trademark, and the degree of recognition of the trademark among the relevant public.
    The main difference between a trademark and a well-known trademark is that a trademark is a mark used to identify and distinguish goods or services of one company from those of another company, while a well known marks has acquired a high degree of reputation and goodwill among consumers.

    Why Vakilsearch

    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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