PROTECTION OF WELL-KNOWN TRADEMARK IN INDIA

Abstract

A new rules were developed with the development of contemporary Trade Mark Rules 2017 which really allows the Registrar to announce a specific trademark as "well known." Under the new law, a trademark owner can file a claim on Forms TM-M with only an application made to both the Registrar may declare that the mark is 'well-known.' Extraordinary rights and protections against all the passing off and misuse of certain trademarks have been given to a well-known trade mark. This article, together with various criteria and proof specifications, sheds light on either the defence of well-known trademarks in India in order to define a mark with a very well sign by means of a review of applicable case laws. In addition, this article discusses the judicial patterns that the court is pursuing when reviewing the cases and how vigilant the learned judge is in safeguarding a better trademark.