The use of trademarks is crucial for companies of all sizes. The trademarked phrases, symbols, or emblems set one good or service apart. A well-known trademark in India is a well-known mark, logo, or symbol representing the company's brand, goodwill and reputation. This blog will explore the benefits of well-known trademarks & the legal procedure for registering them.
Well-Known Trademarks in India
The Indian Trademark Law provides "well-known" trademarks with exceptional protection and protects them from infringement and passing off. Popular trademarks are acknowledged by the Indian Intellectual Property Office in India based on their global, national, and cross-border reputation.
The Trade Marks Act of 1999 offers two levels of protection for well-known trademarks in India:
- Against the filing of any identical trademarks
- Taking action to stop the exploitation of popular trademarks
Meaning of Well-Known Trademark in India as per Trade Marks Act of 1999
The following are the key statutory provisions of the Trade Marks Act of 1999 with regard to well-known trademarks:
A well-known trademark is defined as follows in Section 2(1)(zg):
When a mark is used in connection with other goods or services, it is probable to be interpreted as indicating a relationship between those products or services and the consumer with the first-mentioned goods or services. This is known as a "well-known trademark" among a sizable portion of the public who use such goods or receive such services.
Benefits to Register Trademark In India
The following are the Benefits of Well-Known trademark registration in India:
Legal Protection:
A well-known trademark's owner is given legal protection from third-party infringement when the trademark is registered. Additionally, it discourages competitors from using similar trademarks that can muddy the market. Businesses must have legal protection to maintain their reputation and brand identity.
Brand Reputation:
A well-known trademark helps establish a brand reputation. Customers can recognize and differentiate between various brands more easily. Trademarks make it simple for customers to recognize and differentiate between various brands by indicating the origin of goods or services. Businesses can ensure the exclusive use of their brand by obtaining trademark rights, which enables them to increase brand recognition, credibility, and client loyalty.
Increased Business Value:
A well-known trademark can raise a company's value. It can be sold or licenced to others, used as collateral for loans, or both. A well-known trademark can raise a company's worth by fostering brand loyalty and consumer recognition.
Opportunities for Licencing and Franchising:
A well-known trademark may be licenced to others for usage in various goods or services. Additionally, it can be used for franchising possibilities. Opportunities for licensing and franchising might help companies grow their clientele and revenue.
Recruiting Top-Notch Employees:
A well-known trademark may help a company hire top talent. A strong brand, represented by a well-known mark, can increase a company's appeal to job searchers. An organization will be more desirable to potential employees searching for long-term career prospects because of the stability and longevity that a well-known logo also implies.
Employee pride in working for a company with a well-known trademark can help to increase morale and foster a pleasant workplace culture.
What is the legal process for registering a well-known trademark?
The following steps are involved in the legal process to register a trademark in India:
Determine whether a trademark is well-known (Trademark search): The owner of a well-known trademark may ask to register trademark in their own name without asking to cancel the current registration.
Apply for recognition of the well-known trademark: When one of the following situations occurs, trademark owners may apply to the Trademark Office or the Trademark Review and Adjudication Board (TRAB) to identify their trademarks as well-known trademarks in India. A trademark can be registered or used in order to:
- Prevent others from doing the same.
- Stop others from using a similar trademark that could confuse consumers.
- Obtain compensation for trademark infringement.
Apply for a trademark:
The trademark owner may do so with the TRAB or the Trademark Office. The application must list the trademark, the products or services affiliated, and proof of its well-known status.
Wait for examination:
The Trademark Office or TRAB will assess the trademark application to see if it satisfies the standards for registration.
Publication and opposition:
Suppose the trademark application is accepted available for opposition in the Trademark Gazette. The trademark will be officially documented if there is no resistance.
Renewal:
To keep the trademark's legal protection, the owner must routinely renew the registration.
It is important to remember that the formal registration procedure for a well-known trademark in India can be challenging and time-consuming. It is advised to speak with a skilled trademark lawyer to ensure the application satisfies the criteria for registration and to lower the margin for mistakes during the application phase.
How can a trademark holder prevent infringement on their well-known mark?
Trademark owners can take the following actions to prevent infringement on their well-known trademarks:
Apply for well-known trademark recognition:
Trademark owners can submit an application for well-known trademark recognition to either the Trademark Office or the Trademark Review and Adjudication Board (TRAB). This recognition may help prevent others from applying for or using a trademark similar to yours and may cause confusion.
Apply for a trademark:
The trademark owner may do so with the TRAB or the Trademark Office. The application must list the trademark, its products or services, and proof of its well-known status.
Regularly monitor the trademark:
Owners of well-known trademarks in India should do this to keep an eye out for any potential infringements. It can be achieved by regular trademark searches for similar trademarks and by keeping an eye on the trademark's use in the marketplace.
Take legal action:
If the owner of a well-known trademark learns that their rights have been violated, they have the right to sue the offender. A desist and cease letter, a lawsuit, or requesting mediation or arbitration are all examples of legal action.
Renewal:
To keep the trademark's legal protection, the owner must routinely renew the registration.
Conclusion
In conclusion, a well-known trademark in India offers the owner of the mark a number of advantages. It offers businesses legal protection, brand awareness, elevated business value, and potential for licensing and franchising. Businesses must register a well-known trademark to protect their brand identity and reputation. For registering their well-known trademark, it is advisable to seek assistance from legal expert firms like Lawgical India to ensure the application satisfies the criteria for registration and to lower the margin for mistakes during the application phase.
