Well Known Trademark

Source-This post on Well Known Trademark has been created based on the article “Delhi HC declares ‘Haldiram’ as well-known trademark” published in “The Hindu” on 8 April 2024.

Why in the news?

Recently, the Delhi High Court has recognised “Haldiram” as a well known trademark.

What is a trademark?

It is a distinctive sign or indicator used by a business organisation to distinguish its products or services from those of other entities.

About Well Known Trademark

Statutory recognition-The Trade Marks Act, 1999, provides protection to well-known trademarks to prevent its misuse. It also obligates the Registrar to safeguard them against similar trademarks.

Rights of the owner–
A) The owner can prevent others from registering or using identical or similar marks for different goods and services, once a trademark is declared well known.

B) This trademark mark can be licensed or franchised to others. It provides opportunity to the owner to generate an additional source of revenue.

What are the factors considered for determining a Well-Known Trademark?

1) The degree of knowledge or recognition of the mark in the relevant section of the public in India.

2) The duration, extent, and geographical area of any use of the mark.

3) The duration, extent, and geographical area of any promotion of the mark in India.

4) The degree of inherent or acquired distinctiveness of the mark.

5) The extent to which the mark has been registered in India or in other countries.

What is the significance of a Well-known Trademark?

1) They are highly valuable assets for businesses. They contribute to brand recognition, consumer trust, and market competitiveness.

2) It provides an additional protection against unauthorized use, even for goods or services that are not directly related to the original trademark. This protection prevent consumer confusion and safeguards the reputation and distinctiveness of the mark.

Read more- Intellectual property rights (IPR)

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