For any kind of business their intellectual properties are very important. Intellectual properties are mostly associated with the human mind. They are unique and make your business different. One such intellectual property which is an indispensable part of the business is trademark. Under the Trademark Act of 1999 everything regarding trademark registration and other related things has been given. Under the same act one more trademark related word has been given that is a well known trademark. In order to understand that difference between a trademark and a well-known trademark you must read the present blog till the end. This will give you an idea regarding every aspect of the difference between a trademark and a well-known trademark and help youtube understand both of them in detail.
What do you mean by Trademark?
The term trademark has been given under the Trademark Act of 1999. This act helps in registering a trademark which involves protecting these symbols or names. Trademark is nothing but the signs, symbols, marks, logos etc, which has been attached with the brand name of the business. In order to get trademark protection one needs to do trademark registration. There is a proper process of registration of trademark, which must be followed while taking this Trademark registration. This process ensures that no one else can use or copy your business name, fostering customer confidence, attracting consumers, and distinguishing your entity in a competitive market. Hence we defined it above.
What do you mean by Well-known Trademark?
A well-known trademark, as defined in the Trademark Act of 1999 (Section 2(zg)), is a symbol or name recognized by a large segment of the public using associated goods or services. Its notable difference from a regular trademark lies in its widespread recognition. If used for different goods or services, it can create confusion about a connection in trade or services, implying an association with the original provider. In order to get the clear picture of the concept of trademark and well-known trademark, it’s important to get the difference between a trademark and a well-known trademark.
Some of the key advantages that has been associated with the well known trademark are mentioned below:
- They gives reliability to the business
- Credibility of the business got increased
- Trust among the consumers of the goods and services of a business has been built.
- People start associated that well-known trademark with your business
- Gives recognition to the business as well as business name
- Helps in increasing the profit of the business
- Helps in the growth and development of the business
- Makes the brand name popular among the competitors
- Provides distinct recognition to the business
- Makes your brand different from the others
- Its comparatively easy to get protection for such kind of trademarks
Key Difference Between trademark and well-known trademark
The Trademark Act of 1999 in India talks about two types of trademarks: regular trademarks and well-known trademarks. The key difference mentioned below:
| Regular Trademark | Well Known Trademark |
| It has been given under section 2(zb) of the Trademark Act of 1999 | It has been given under section 2(zg) of the Trademark Act of 1999 |
| A trademark is a symbol, name, or logo used to distinguish goods or services of one business from another. It is one of the key difference between a trademark and a well-known trademark | A well-known trademark is a mark widely recognized by a substantial segment of the public using those goods or services. |
| It gives the owner the only authority to use the mark in conjunction with their goods or services. | It holds a higher level of protection due to its extensive recognition and reputation. |
| Registration is done to protect the mark within specific categories of goods or services. | Registration is not limited to specific categories and offers broader protection across various goods or services. |
| The level of recognition may vary, and it doesn’t necessarily imply widespread public awareness. | It signifies a strong connection in the minds of the public and can prevent the use of a similar mark for unrelated goods or services, avoiding confusion. |
| It is not very popular among the people | It is very popular among the people |
Governing Law of the Regular Trademark and Well-known Trademark
Although there are many difference between a trademark and a well-known trademark, their governing law is similar. For the laymen both of them seem similar. Only a professional can understand the proper difference between them . Lot of people have this myth that even if they will not register their well-known trademark it is protected as per the law. But it is not like that. As a professional we always suggest either it is a regular trademark or well-known trademark, you must do trademark registration of both in order to do better protection.
Conclusion
There are many difference between a trademark and a well-known trademark. The distinction between a regular trademark and a well-known trademark is crucial under the Trademark Act of 1999. While a regular trademark is a symbol or name used to distinguish goods or services of one business, a well-known trademark enjoys extensive recognition among the public using those goods or services. The key difference between a trademark and a well-known trademark lies in the level of protection, with a well-known trademark offering broader safeguarding beyond specific categories. Both types are governed by the same act, with definitions provided under sections 2(zb) and 2(zg) for regular and well-known trademarks, respectively. Understanding these differences is essential for businesses seeking appropriate protection for their brand identity in the competitive market.
