Prerequisites for ‘Well-Known’ Mark Status in India
Advocate, Promod Verma and Associates, Tis Hazari, New Delhi, India.
Volume III, Issue IV, 2020
This short note sheds light on the various factors which essentially act as prerequisites for a trademark to obtain a ‘well-known’ mark status in India. It traces the incongruence between the legislative provisions pertaining to well-known marks in the Trademarks Act, 1999 and its judicial application in the wake of evolving mutations of corporate structures and media in recent times. It explores the judicial treatment of evidence led by claimants of trademark and examines what exactly constitutes ‘well-known’ by analysing relevant case laws.
Keywords: Well-known marks, Trademarks Marks Act, 1999, transborder reputation.