Protection of Well-Known Trademarks 

Tamil Nadu National Law University, India

Volume III, Issue II, 2020

A well-known trademark is a popular mark, logo or a symbol that signifies a particular brand and it is the hard earned goodwill and reputation of a brand. A trademark becomes well-known based on the degree and duration of recognition which it receives in the market, the geographical area of recognition and the value associated with it. Registration and unauthorized usage of such a trademark leads to infringement of the trademark. Well-known trademarks are protected in most countries against marks which are considered to be a reproduction, imitation or translation of that mark only if they are likely to create confusion in the relevant market. “Protection of Well-Known Trademarks” is an emerging area and it was introduced only in the year 1999. A trademark is a unique sign or indicator used by an individual or a business to distinguish its goods or services from those of other goods or services. The provisions of well-known trademarks are incorporated in the Trade Marks Act, 1999. The main problem of the research is to find out how the court determines whether a brand has a well-known trademark or not, as the owners of such marks spend huge sum of money to build their reputation and maintain popularity in the market. This paper will find out when the dilution of trademarks occur. The aim of the research is also to examine about the protection of well-known trademarks in the jurisdiction of US and UK.


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