WELL-KNOWN TRADEMARKS (Syllabus: GS Paper 3 – Economy)

Context: Delhi High Court declared Haldiram and its oval-shaped logo as well-known trademark for food items, restaurants, and eateries under the Trade Marks Act, 1999.

Well-Known Trademarks

• About: These are an essential tool for businesses to protect their brand identity and reputation.
• Legal Protection: The Trade Marks Act, 1999, ensures legal protection for well-known trademarks, obligating the Registrar to safeguard them against similar trademarks.

oOnce recognized as well-known, owners gain the right to prevent others from registering or using identical or similar marks for different goods and services.

• Brand Value: Well-known marks enhance brand value and reputation in the market, solidifying consumer trust and loyalty.
• Licensing Opportunity: Owners can license or franchise well-known marks to other entities, expanding their market reach and revenue streams.
• Criteria for Recognition: The Indian Trademarks Act outlines various criteria for determining well-known status, including recognition among the public, duration and extent of use and promotion, and distinctiveness.
• Registrar's Role: The Registrar of Trade Marks maintains a list of famous trademarks in India, encompassing both domestic and international brands, facilitating legal processes and protection.

Trademark

• About: It is a distinctive sign or indicator utilized by a business organization.
• Purpose: It distinguishes the products or services of one entity from others in the market.
• Role as a Badge of Origin: A trademark serves as a badge of origin, exclusively identifying a particular business.