Significant Development With Regard To Well-Known Trade Marks Under The Trade Marks Rules, 2017 And Contentious Issues Relating To It

Introduction

"Well-known trademark" has been defined in Section 2(1)(zg) of the Trade Marks Act, 1999. A well-known trademark is one which through its extensive and continuous use has become so known in public that if any new goods or services would be provided under that mark other than those goods or services for which it is already being used, it would likely indicate that the new goods or services are connected to the user of the mark who has already been using it.

Well-Known Trade Marks: Before and After The Trade Marks Rules, 2017

The Trade Marks Rules, 2017 introduced an easier procedure for recognition of well-known trademarks by making an application under Rule 124(1), because prior to this, a recognition by the Registrar or Courts as to a particular mark is a well-known trademark during the proceedings of opposition, rectification, or infringement was the only procedure through which a trademark was known as a well-known trademark.