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

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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.


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