Under the Trademarks Act of 1999, a term is used that is “well-known trademark”. This is not that much known among the laymen and they consider it the same as regular trademark registration, but in the business world it’s very popular. There were many controversies regarding the same. It may cause loss to many businesses and helps many businesses to obtain immense profit as well. It all depends how well-known trademarks are protected by the business owner. well-known trademarks are protected in India just like the regular trademarks with the help of the trademark attorney. In order to know more about the same, continue reading the current article.
Understanding Well-known Trademark
A well-known trademark is defined as a name or symbol that a sizable segment of the public recognizes and uses in connection with relevant goods or services under Section 2(zg) of the Trademark Act of 1999. Its widespread knowledge clearly distinguishes it from a standard trademark. Its registration is equally as vital as the conventional trademark registration. There are various ways through which well-known trademarks are protected. It may suggest a relationship with the original provider when used to different goods or services, which raises concerns about a relationship in trade or services.
Protection of Well-known Trademark in India
Section 11(6) of the Trademark Act of 1999 contains provisions pertaining to the protection of well-known trademarks. It’s important that well-known trademarks are protected, in the similar manner as the regular trademarks are protected in India. Well-known trademarks are protected because they help your business to grow in the market. “TATA” is a well-known example of a trademark. An Indian company that has been using the same trademark for years and is well-known in India contested a Chinese company’s application to register a trademark on the word “TATA.” Ultimately, the registration application was turned down; this is how a well-known trademark safeguards your company.
Process of Protection of Well-known Trademark Registration
By following the steps given below, well-known trademarks are protected in India:
- Identify and establish that your trademark qualifies as “well-known” based on its reputation, recognition, and distinctiveness in the relevant market.
- Gather substantial evidence showcasing the extensive and continuous use of your trademark, including sales figures, advertising expenditures, and any relevant awards or recognition.
- Submit a trademark application to the Trademarks Registry
- Be prepared to handle any opposition raised during the specified period of publication of the application. Your legal representative can respond effectively to protect the status of your well-known trademark.
- If there are no successful oppositions, and the Registry is satisfied with the evidence provided, they will issue a certificate recognizing your trademark as well-known.
- Regularly renew your trademark registration to maintain its well-known status.
- Explore avenues for international recognition of your well-known trademark, as some jurisdictions may provide additional protection based on its reputation.
- Continuously monitor the market for potential infringements and take prompt legal action to protect the distinctiveness and reputation of your well-known trademark.
Advantages of Protecting Well-known Trademark in India
Some of the key benefits due to which well-known trademarks are protected in India are given below:
- Well-known trademarks receive legal acknowledgment, granting them a distinctive status under the Trademarks Act of 1999.
- They enjoy heightened protection against infringement, preventing unauthorized use by others in similar or unrelated goods/services.
- Protection helps maintain and enhance the reputation and distinctiveness of the well-known trademark in the market.
- Recognition reinforces consumer trust, as the public associates the well-known trademark with quality and reliability.
- Legal protection acts as a deterrent, discouraging others from attempting to copy or imitate the well-known trademark.
- International acknowledgment may be easier to attain, facilitating expansion into global markets.
- Well-known trademarks enjoy a competitive edge, standing out in the market crowded with various brands.
- The well-known status provides leverage during negotiations and legal proceedings, strengthening the position of the trademark owner.
- A well-known trademark becomes a valuable intangible asset for the business, contributing to its overall valuation.
- Legal protection streamlines the process of enforcing trademark rights against potential infringers, ensuring swift action.
- Protection contributes to the long-term sustainability of the brand, fostering its continued success and recognition.
- Well-known trademarks offer consumers a recognizable choice, aiding them in making informed purchasing decisions.
- The protected status opens doors to licensing opportunities, allowing the well-known trademark to be used by authorized entities for mutual benefit.
- Legal protection helps prevent dilution of the well-known trademark’s distinctiveness, maintaining its strength in the market.
- Protection safeguards the integrity of the brand, ensuring that it remains associated with the qualities and values it represents.
Conclusion
In India, well-known trademarks are protected under the Trademarks Act of 1999. A well-known trademark, distinguished by widespread recognition, requires careful safeguarding. The process from which well-known trademarks (given under Trademark law) are protected in India involves identifying its well-known status, collecting substantial evidence, seeking legal advice, and filing a comprehensive trademark application. The protection extends to handling potential objections, obtaining a recognition certificate, and ensuring regular renewals. International recognition is also pursued, and vigilant monitoring of the market is maintained to promptly address any infringements. The protection of a well-known trademark in India not only upholds its distinctiveness but also serves as a legal shield against unauthorized use, contributing to the continued success of the business.
