What is well known trademark in india

Introduction

The well-known trademarks in India are those that have numerous ways of getting respect and are popular enough to catch one eye on it. The trademark that is easily recognized by the public is called the well known trademark. In India, well-known trademarks have special safety against the registration of other marks that are similar to the original trademark. The major difference between an ordinary trademark and well reputed trademark is that an ordinary trademark enjoys protection in only certain geographical area on the other hand well known trademark enjoys the protection throughout the country and other countries also in respect to the goods and services.

The rules of 2017 make trademarks easier to acquire the status of well-known trademark. It takes the whole process so easy for the owner to make their trademark as well-known trademark. It just needs to file an application to the registrar. Under Section 2(zg) a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours etc.

Actual meaning of a well-known trademark.

As we already discussed in the introduction part, the well-known trademarks are mainly protected under the Trademarks Act and Section 11(2) specifically for the similar mark is for different goods as well as services. A well-known trademark has one particular privilege like the prevention of registration of a similar trademark. Some of the criteria for determining a Well-Known Trademark are as follows:-

Correct knowledge about the mark in the popular section of the public.

The main criteria are for determining well known trademark is section of the public” that are used in determining the well-known trademark. This shows the actual numbers of consumers. The number of people involved in consuming goods and services are the main way to determine brand having the well known trademark or not.

The geographical area of promotion of the mark.

 The Registrar may also consider the geographical areas where the promotion is extended in India. The areas that cover the brand advertisement are the other criteria for determining the well-known trademark. Like an advertisement for the Whirlpool brand. Where it was noted that even the product was not very much in use within India but its advertisement and promotion would be shown that it is used in India.

• The Registrar will also consider the registration of the mark in question in other jurisdictions, in order to determine if it is well-known.
• Honeywell was protected under the common law and it has had long extensive and consistent use all over the world. The court declared the mark as well known or an ordinary. It had been declared to be a well-known trademark in 3 domain-name arbitration cases.
• Trademarks crossing the boundaries across the world are the key for determining a well known mark as it is acquired through trademark registration. Its advantages and advertisement are all highly important for deciding the main significance of a trademark.

Some of the examples of well-known trademarks are listed below: –

• 7 O’CLOCK for shaving razors
• BAJAJ
• CHARLIE
• DUNHILL
• Whirlpool
• HONDA
• KIT KAT
• Hamdard
• TELCO
• KIRLOSKAR
• GOOGLE
• HAVELLS

Conclusion

A trademark is a symbol, design slogan to identify any brands. It must be attractive, influential and of latest design that attract lots of consumers. The trademark are of two types one is ordinary that is not popular to the customers and the second is well known trademark that have large geographical area to extend and we’ll known popularity in relation to goods and service. The trademark is one of the ways to get the name of brands. The well known trademark characteristics are discussed above in the article. The one company named internet of compliance having many expert to advice and guide to design a well known trademark. This article is all about the criteria to determine the well-known trademark in the easiest and simple language.