Difference Between Trademark and Well-Known Trademark
Trademarks protect brand identity and prevent other businesses from using similar marks. As they are crucial for any business, it is important to know everything about them. The fact that there are two types of trademarks, regular trademarks and well-known trademarks, is still unknown to many.
If you are also among those people, this article can help you explore various differences between a trademark and a well-known trademark.
What is a Trademark?
Before getting to the differences between a regular trademark and well-known trademark, let us first understand what a trademark means. A trademark is any symbol, logo, or sign that is distinctive in nature and identifies a business for the range of goods and services it provides. Trademarks can be numbers, designs, words, or even sounds or colours.
A brand may invest millions in building its reputation, and it is encashed when a consumer recalls any characteristic about the company with its trademark. For example, if you see Audi anywhere, you will quickly recall the brand that makes quality cars. That is the value of a trademark, and hence it needs to be protected to prevent other companies from using it.
When you register trademark for your brand, it protects you while allowing you to take any legal action if a person or entity tries to use your trademark without your permission.
Now, understand what a regular and well-known trademark means.
Regular Trademark
A regular trademark is basically a mark that is registered with the Indian trademark office but fails to qualify as a well-known trademark. However, to get your trademark registered, it must meet the following criteria:
- Distinctiveness
The mark you are trying to register should be unique and should not resemble any trademark that exists already.
- Non-deceptiveness
Marks should not seem deceptive or misleading in any way possible
- Non-Descriptiveness
The mark itself should not describe a brand's goods or services
- Availability
The mark can only be available if it does not resemble any other trademark.
Trademark registration, after completion, will protect your brand's identity under the trademarks act, which prevents any other brand from using similar trademarks. The level of protection provided is limited when compared to well-known trademarks.
Well-known Trademark
A well-known trademark is described in terms of any goods or services that have become a substantial element of the public that consumes these goods and services. Using other goods or services with a similar trademark will imply a direct connection to the former company. Some brands that have been accorded the status of well-known marks in India include Whirlpool, Pepsi, Kit-Kat, and more.
Below are some factors that determine a mark's qualification as a well-known trademark:
- Recognition of The trademark in a substantial section of the public
- The extent of geographical promotion of the trademark, including publicity, advertising, and exhibition of the goods and services
- The record of any successful enforcement of the trademark rights for that particular brand
- The extent of use of that brand's goods and services
Once a trademark is determined as a well-known trademark, it will automatically be protected against any use, even if the goods or services offered by the different brands vary from the original goods and services. It simply means that if a business attempts to use a well-known trademark in a way that causes confusion or deceives the public, it can be sued for infringement by the original brand.
Why is Knowing the Difference Between a Trademark and a Well-Known Trademark Important?
It is primarily important for businesses to protect the identity and the repetition that they have built with so much money and effort. By trademark registration in India, businesses can prevent other brands from using that trademark, which also helps with customer loyalty and brand recognition.
Moreover, businesses that now believe in having a stronger brand identity may want to register a trademark as a well-known trademark since it will provide their brand identity with more protection from the authorities. Trademark search is a powerful tool that helps new brands check if their trademark resembles any other existing one.
Understanding the difference between regular trademarks and well-known trademarks can also be important for consumers as they can make their purchasing decisions wisely.
Conclusion
Trademark registration is important, as per the information mentioned above. However, trademark registration in India can be an inconvenient process for many. Lawgical India can help such people with its online legal services, which include trademark registration. With us, you experience a hassle-free and quicker process of trademark registration. Contact us to know more.
