WELL-KNOWN TRADEMARKS AND THEIR IMPACT ON PRIOR REGISTERED

TRADEMARKS IN INDIA
ASHWINA NAMTA, 4TH YEAR , ICFAI UNIVERSITY,DEHRADUN

INTRODUCTION

Companies invest heavily in branding and marketing. Owners of brand names spend a lot of
money building on reputation and reputation in order to continue in highly competitive markets.
Companies often spend big bucks on brand names for their products and for their brands to be
known so that their marks can be copied by other goods and services. Establishing a brand name
as a well-known trademark helps the owner to strengthen his or her IP protection and to
challenge any breach and misuse of their trademark directly or indirectly in various courts and
courts.

SYMPTOMS OF SYMPTOMS

A well-known trademark is one that is well-recognized by the general public (consumers,

manufacturers, and all others involved in the sale and production of branded goods). Because of
their recognition, well-known trademarks are easy to identify and protect, whether they are
registered or not. This brand protects the well-known trademarks of products that violate the law:

• They are imitations of marked material.

• Copy or duplicate a secure trademark.

• Make it clear that goods and services are imitations or real objects with a well-known
trademark.

While most of these laws apply to illegal products in the same industry as a well-known brand,
some nations consider lawful goods and services that are not the same as protected goods and
services. Because well-known or well-known trademarks are widely recognized and respected,
the great protection given to them is essential. Even if the infringement applies in a country
where the token is not registered, these rules assist the mark holder in protecting his intellectual
property. This protects both the brand and the buyer, who can be sure that the products they
purchase are genuine.

Even if trademark law does not make any exceptions to known or recognized marks, it is easy for
its owners to retain their rights. Lawmakers are often aggressive in their pursuit of justice, which
can have a detrimental effect on a reputable company. A potential problem is that the trademark
is widely known in one country but not in the one where it was copied.
Given the state of our global economy, these regulations are also important. Criminals in almost
any country can easily advertise their products and services online by violating a reputable
brand. The protection afforded by popular brands helps to resolve disputes that arise quickly,
regardless of the country of origin of the offender.

DESCRIPTION OF THE MOST COMMON SIGN

The Trademarks Act, 1999 provides a definition of known trademarks. For a trademark to be
well known, it must be accepted by the majority of the public in respect of certain goods or
services. Well-known trademarks are given special treatment that ordinary trademarks do not
enjoy. This is because these well-known brands face unique risks and will greatly lose if their
reputation is tarnished or their brand misused. Details about well-known brands and the extra
attention they receive worldwide are highlighted below.

HOW CAN YOU GET A FAMOUS SIGN?

The amended trademark rules, 2017 have given owners / companies with a well-known
trademark the option to apply directly to the Trademark Registration of India to determine,
advertise and register their trademark as it is widely known. Although the provision of well-
known trademark protection in India was in place in the Trademarks Act even before the
Trademark Laws Amendment, 2017 a court or tribunal had the power to choose to declare a
trademark as the most popular. There was no application process in the trademark register.
Although courts still have the power to declare a mark as well known or not, by applying directly
to the Trademark Registration, the trademark owner or owner at least gets his or her marks in the
most popular category and Trademark registration maintains a separate list of such trademarks.

The advantage of branding as a well-known brand is that it is distinct from a common trademark
registered as a well-known trademark commonly known to a large segment of the public beyond
its category of goods and services and of significant importance to its owner and any business
entity.

SYMBOL REGISTRATION PROCEDURE

The process for registering a mark as it is best known for the Indian Trademark Registry is as
follows:

The Registrar must, in determining whether a trademark is a known trademark or not, consider
any fact which he deems necessary in determining a trademark as a trademark that includes—

1. The knowledge or recognition of such a trademark in the appropriate category of society

includes the Indian information obtained as a result of the promotion of the trademark:

2. The length, duration and location of any use of such trademark:

3. the length, duration and location of any trademark promotion, including advertising or public
display and presentation, on exhibitions or exhibitions of goods or services in which the
trademark operates,

4. the duration and place of place of any registration and any application for registration of such
mark under this Act in a manner which indicates the use or recognition of the trademark;

5. a record of successful enforcement, rights in that trademark, in particular, the extent to which
the trademark is recognized as a trademark known by any court or Registrar under that
trademark.

According to the Trademarks Act, the Registrar of Trademarks shall not require such status, to
determine whether a trademark is a recognized trademark, or any of the following, namely: -

(i) that the trademark be used in India,

(ii) that the trademark is registered.

(iii) that the application for the registration of the mark be submitted to India.

(iv) that trademark -

(a) is well known; or

(b) is registered with; or

(c) where an application for registration has been lodged, in any place other than India; or

(v) that the trademark is widely known to the general public in India.

Looking at the points mentioned above, it is clear that in order for a brand to be well known, the
owner of a well-known trademark does not have to conduct business within India and no pre-
registration is required to protect a known person. Trademark. Instead, there are various
regulations for well-known foreign trademarks.

THE IMPACT OF PRE-REGISTERED TRADE MARKS

The Trademark Register has already included a list of known trademarks and this list will grow
in value only remembering how much companies should invest to protect their intellectual
property. To date, a total of 90 well-known trademarks have been registered with the Trademark
Registration. The first known sign on the list is “7 O’ CLOCK ”by owner Gillette U.K. Ltd.,
England, for shaving razors. Such a sign was recognized as the best known by the Bombay High
Court (reported 1998 PTC 288 DB). Unlike other trademarks that are of interest to you and your
reputation are limited to a specific area and a specific product list, known trademarks are
protected and their reputation is protected nationally and in all categories of goods and services.
It is a law that prevents the Trade Mark Registry from allowing and registering any trademark as
a trademark that is fraudulently similar to any other trademark.

Indian Trademark laws provide the protection of known trademarks from the registration of
similar or similar trademarks. The Registrar, while considering an application for trademark
registration and the objections lodged thereto, must take into account the negative beliefs
involved of any applicant or opponent affecting the right to be associated with a known
trademark. Also, the registrar must consider that if the trademark is properly registered discloses
important information to the Registrar or if the trademark right was acquired in good faith before
the commencement of the Trademark Act, then, that would not infringe the legalization of the
trademark or the right to use such trademark. is the same or similar to a well-known trademark.

CONCLUSION

As the process of determining and declaring marks as popular has been simplified by a new
amendment to the Trademark Laws, we would expect more and more trademarks to be
advertised as the most popular ones in the future. Special consideration of well-known and well-
known brands can help firms protect their intellectual property and these problems at home and
overseas. In an attempt to resolve a situation where a company or individual registers a
trademark (innocently or otherwise) in a country that does not follow the general trademark law,
the trademark owner may use proof of use, the fact that the token is famous or strong - known,
and whether the offender has made a mistake. While having a well-known trademark offer
additional protection beyond what is provided by a regular trademark registration, obtaining your
brand known as "popular" or "popular" is difficult. Moreover, because there is no universal
definition of a well-known brand, even a well-known company in one country may find it
difficult to protect its intellectual property in another.