In order to obtain a well-known trademarks status is the pinnacle of legal recognition in the fast-paced world of commerce, where trademarks are the heartbeat of businesses. This legal blog will guide you through the complex maze, describing the methods and techniques needed to elevate your trademark to the prestigious status of ‘well-known.’ Although it’s not easy to obtain a well-known trademarks status, we will try to make it easy for you.
What Do You Mean by Well-Known Trademarks?
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. Like the regular trademark registration its registration is also important. 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.
General Understanding of the Well-Known Trademark
Before understanding the process to obtain a well-known trademark status, it’s important to understand the term well-known trademark first.
Legal Framework of the Well-known Trademark
- The Trademarks Act of 1999 is the canvas on which the masterpiece of trademark law is created. A few examples of brands having well-known trademarks are Nike, Google, Benz, and more.
- Until the introduction of the Trademark Rules in 2017, a mark was primarily accepted as a well-known trademark based on judgments and observations by various competent Courts and Tribunals
- But the Trademark Office has now introduced a new method of declaring marks as well-known; by only e-filing an application for the same.
- As per the Rule 124 of Trademark Rules 2017, anybody may e-file an application in Form TM-M with the necessary fee of 1,00,000/- to designate its mark as a well-known trademark.
Criteria Unveiled of Well-known Trademark
The Registrar analyzes all information relevant to deciding whether a trademark is a well-known
trademark, such as whether the trademark is well recognized to the general public in India, the number of customers of the goods or services, the duration, scope, and geographical area of any trademark usage, and the business circle dealing with those goods or services. The degree to which the Registrar or any court has approved the trademark as a well-known mark assures that the trademark’s rights have been adequately defended.
Protection of Well-Known Trademarks in India
Provision related to the protection of the well-known trademarks is provided under Section 11(6) of the Trademark Act of 1999. It is important to protect the well known trademark just like the regular trademarks, because they may also infringe and as a result there may be huge loss to your business. Hence you must protect it so that there will be no chance of loss to your business. In the present time we have seen many instances of infringement of trademark and how the business owner protected them by showing that their trademark is a well known trademark in a particular country.
One of the well known examples is the trademark “TATA”. A Chinese company applied for the registration of trademark on the word “TATA”, which was opposed by the Indian company which has been using the same trademark for years and it is a well known trademark in India. At the end application for the registration was rejected and this is how a well known trademark protects your business.
Process of Obtaining a Well-known Trademark Status
Follow the steps given below in order obtain a well-known trademarks status:
- Begin your journey to get a well-known trademark status by selecting a distinct and one-of-a-kind trademark that distinguishes your brand.
- The first stage to verify originality is a thorough scan of the Trademarks Registry database.
- The legal overture necessitates a thorough check of different databases, including those of the Trademarks Registry, the Indian Patent Office, and the Indian Copyright Office.
- Examine social media platforms and domain name databases for possible conflicts.
- File the application once the trademark has been chosen and the search has been completed.
- This act entails supplying vital elements such as the applicant’s identification, a depiction of the mark, and specifications for its use.
- The Trademarks Registry examines the application, which is the next step in the legal process.
- It is published in the Trademarks Journal if it fits all legal requirements. However, over the next three months, this act allows for opposition.
- In the event of resistance, a court hearing is held, after which the Trademarks Registry issues a ruling.
- If no opposition is filed or if it is rejected, the trademark receives its registration certificate.
With the registration completed, the spotlight shines brightly. The application to obtain a well-known trademark status entails demonstrating significant use, duration, geographical scope, and promotional efforts and other factors mentioned above. The application is then reviewed by the Trademarks Registry. The application is subsequently reviewed by the Trademarks Registry to assess its eligibility for well-known status. After the initial acts conclude, the continuous performance entails preserving the well-known status. Consistent and extensive
use of the trademark is essential, as is monitoring against any infringement to assure the
brand’s continuous protection.
Significance of Well-known Trademarks
Some of the key benefits or we can say advantages of obtaining well-known trademark status in India are discussed below:
- Well-known trademark acts as a beacon, guiding consumers to easily recognize and recall the brand.
- This increased visibility enhances brand awareness. The legal armor donned by a well-known trademark is robust.
- It provides enhanced protection against infringement, safeguarding the brand’s reputation and market presence. In the crowded marketplace, having a well-known trademark offers a distinct advantage.
- It can be licensed to other enterprises, creating additional revenue streams for the brand owner.
- From a financial perspective, a well-known trademark contributes significantly to the overall value of a business. This becomes especially critical in scenarios such as mergers or acquisitions.
- A well-known trademark transcends borders, gaining recognition not only domestically but also internationally.
- The trust and reliability associated with a well-known trademark foster customer loyalty.
Conclusion
In order to obtain a well-known trademarks status in India involves a strategic and legal process outlined by the Trademark Act of 1999. A well-known trademark is one widely recognized by the public and holds distinct advantages, including robust legal protection, increased brand visibility, and enhanced market presence. The process to obtain a well-known trademark status includes thorough trademark selection, application filing, examination, and potential opposition. Maintaining the well-known trademarks status requires consistent and extensive use of the trademark. The benefits of having a well-known trademark extend to increased consumer trust, a competitive edge in the market, potential licensing opportunities, and broader international recognition. Overall, obtaining well-known status is a valuable asset for businesses, contributing significantly to their overall brand value and market position.
