Well Known Mark

Intellectual Property Rights

Well Known Trademarks in India

Well-known trademarks are trademarks that are protected in a wider range than ordinary trademarks due to their high name recognition. A well-known trademark is a “special trademark” as defined in Section 2 (zg) of the Trade Marks Act [1999].

According to Section 2(zg) of the Act, a mark of prestige is defined as "a mark which, in relation to goods or services, has led a large part of the public to use such goods or to receive such services. ” is defined as The use of such Marks in connection with other goods or services is a violation of any transaction or provision of services between those goods or services and the person using the Marks in connection with the previous goods or services. It could be interpreted as indicating a relationship. ”

As the name suggests, well-known/popular brands are well-known brands. As already mentioned, well-known trademarks are specially protected under the Trademarks Act, and section 11(2) states that even if subsequent, apparently similar trademarks denote different goods/services, the preceding Subsequent trademarks are not entered if the underlying trademark is well known.

Our Expertise

Why is a well-known mark significant?

The importance of well-known trademarks lies in the fact that they bring great commercial value to the trademark owner. Registration and unauthorized use of such marks constitutes infringement of the mark. Unauthorized use of such marks creates confusion among consumers about product quality and damages brand reputation. Unauthorized imitation of a trademark is punishable.