In this day and age of digital era, the brands are increasingly
gaining popularity at a rapid pace and even transcending
territorial boundaries. At times, the popularity reaches a stage
where use of a brand even in relation to unrelated goods or
services, evokes a connection with the original brand owner. Simply
put, such famous and reputed brands are known as
'well-known' trademarks and protected by the relevant
legislations of the country. There have been quite a few
developments in this area of trademark law in India in the recent
past and this article aims to cover them.
What is a Well-Known Trademark:
While the Indian courts have recognized the reputation and
popularity of brands and even accorded them the status of
well-known marks under common law for a long time, the concept of a
'well-known' trademark was formally introduced by the Trade
Marks Act, 1999 ('Act').
