The word well known trademark has been given under the Trademark Act of 1999 under Section 2(zg). Well known trademark as the name suggests they are the trademarks which are widely known among the public. They help in recognizing the goods and services among the public at large. Some people have a myth that such types of trademarks do not need to get protection under the trademark law, but it is not like that. Whether there is a regular trademark or a well known trademark, both need to be protected under the Trademark Act of 1999. Without protection there are chances of infringement hence to all the business owners it is suggested to obtain a well-known trademark status through trademark registration and protect their trademark. This will help them to reach the business on the next level. The current write-up will discuss almost all the things which are necessary in order to obtain a well-known trademark status.
What is a Well Known Trademark?
According to Section 2(zg) of the Trademark Act of 1999, a well-known trademark is a name or symbol that a significant portion of the public recognizes and uses in connection with related goods or services. Its broad awareness sets it apart from a typical trademark in an obvious way. When applied to distinct products or services, it may imply a relationship with the original supplier, raising questions about a connection in commerce or services. Understanding the distinction between a trademark and a well-known trademark is crucial for gaining a thorough understanding of the concepts of trademark and well-known trademark.
Benefits to Obtain a Well-known Trademark Status
Some of the key benefits to obtain a well-known trademark status are discussed below:
- They provide the company with dependability.
- Credibility of the company grew Consumers’ trust in a company’s products and services has grown.
- People begin to link your company with that renowned trademark.
- Provides recognition for the company name and business
- Aids in raising the company’s earnings
- Aids in the expansion and improvement of the company
- Increases the brand’s recognition among rivals
- Gives the company recognizable identification
- Distinguishes your brand from competitors
- Obtaining protection for these kinds of trademarks is really simple.
Procedure to Obtain a Well-known Trademark Status
Follow the steps given below in order to obtain a well-known trademark status in India:
- Know that a well-known trademark is widely recognized and has a strong reputation in India.
- Ensure that your trademark is distinctive and has gained substantial recognition among the public.
- Collect evidence of the extensive use, promotion, and recognition of your trademark in the Indian market.
- Draft a well-prepared application stating the reasons why your trademark should be recognized as well-known.
- File the application with the Trademark Registry in the prescribed format, providing all necessary details.
- Pay the required fees for processing the application.
- The Trademark Registry will examine your application and assess the evidence provided.
- Your application will be made available for review in the Trademark Journal upon acceptance.
- There is a specific time during which third parties can oppose the application if they have objections.
- The Trademark Registry will consider any opposition and make a decision based on the merits of the case.
- If there are no valid objections, and the Registry is satisfied, a certificate declaring your trademark as well-known will be issued.
- Once granted, your trademark enjoys enhanced protection and recognition, strengthening your legal position against infringement.
Documents Required to get Well-known Trademark Status in India
Some of the key requirements in order to obtain a well-known trademark status in India are mentioned or discussed below:
- Provide comprehensive evidence showcasing the extensive use and promotion of your trademark in India. This may include advertising materials, brochures, and promotional campaigns.
- Include documentation highlighting the commercial success of products or services associated with the trademark. This can include sales figures, revenue reports, and financial statements.
- Conduct and submit the results of consumer surveys and market research indicating the level of recognition and reputation your trademark holds among the public.
- Compile media coverage such as articles, press releases, or news features that highlight your trademark’s popularity and recognition.
- If applicable, include any certificates or awards received by your trademark acknowledging its excellence, popularity, or uniqueness.
- Provide documentation of any legal recognitions, awards, or judgments acknowledging the distinctiveness and reputation of your trademark in the industry.
- If your trademark has been recognized as well-known in other countries, provide a list of such countries along with supporting documents.
- Affidavit or declaration attesting to the facts stated in the application and supporting documents.
- If your trademark has been featured in relevant publications or journals, include copies of these publications as part of your evidence.
Conclusion
To obtain a well-known trademark status in India is a strategic move for businesses, offering various benefits such as credibility, trust, and brand recognition. As defined by the Trademark Act of 1999, a well-known trademark signifies widespread public recognition and sets a brand apart from typical trademarks. The process to get well-known trademark status involves collecting substantial evidence of the trademark’s extensive use and prominence, filing a well-prepared application with the Trademark Registry, and undergoing scrutiny and potential opposition.
The recognition, once granted, provides enhanced legal protection, distinguishing the brand from competitors and fostering growth and trust among consumers. Businesses should ensure they gather comprehensive documentation and follow the prescribed steps to strengthen their legal standing and enjoy the advantages of a well-known trademark status in the Indian market.
