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POPULAR WELL - KNOWN TRADEMARKS
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Quick protection of well-known trademarks
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POPULAR WELL - KNOWN TRADEMARKS
Consult an IP expert today!
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.
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.
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.
Authors
Written by Nithya, Reviewed by Karan Mehta. Last updated on May 27 2024, 12:13 PM
Karan Mehta B.A. LLB (Hons) graduate, is an expert in IP Infringement, copyright registration, Trademark, music protection & provisional patents.
Nithya Ramani Iyer, a criminologist and writer, serves as the SME and manages communications at Vakilsearch. Drawing from her experience at Seasearch Intelligence and Legal domains, she enriches our content with insightful perspectives.
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