Universality Territoriality Doctrine Reference Well-Known Trademarks

By Shrabani Rout & Garima Raonta¹

Introduction

The Indian Trade Mark Law bestows considerable protection on "well-known" trademarks. Well known trademarks have been defined under the Trade Marks Act, 1999 as a mark which is associated with a particular range of goods or services, by the public and if such mark is used on some other goods or services, it raises a presumption that there is a connection between the two.² The concept of trans-border reputation and goodwill of a corporation was recognized by the Hon'ble Supreme Court of India, back in 1996, in the case of N.R. Dongre & Ors. v Whirlpool Corporation & Anr.³ But with the passage of time, the views of the Courts have changed regarding trans-border reputation. This article aims at explaining the concept of the universality and territoriality doctrine, and which doctrine shall take precedence over the other with reference to well known trademarks.