An Insight On Well-Known Trade Marks In India

The term "well-known trade mark" has been defined in the Trade Marks Act, 1999 and refers to a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first mentioned goods or services.

A trade mark has considerable goodwill and reputation if it is limited to a specific geographical area whereas a well-known trade mark must have substantial reputation all over India. In other words it is the difference of degree and extent of territorial reputation. Any trade mark with the status of a "well-known" substantially improves the extent of protection available to it, as it provides the owner of the brand, the exclusive right to the trade mark against all unlawful