Context: Recently, the Delhi High Court declared that the “Haldiram” mark is a well-known trademark with respect to food items, restaurants and eateries not only in India but globally also.

About Well-Known Trademarks

• The Trade Marks Act, 1999, provides protection to well-known trademarks to prevent misuse and obligates the Registrar to safeguard them against similar trademarks.

• Once a mark is declared well-known, the owner can prevent others from registering or using identical or similar marks for different goods and services.

• A well-known mark adds value to a brand and increases its reputation in the market.

• License: A well-known mark can be licensed or franchised to others.

• Criteria: The Indian Trademarks Act provides several factors that can be considered when determining whether a trademark is well-known, including:

1. The degree of knowledge or recognition of the mark in the relevant section of the public in India.

2. The duration, extent, and geographical area of any use of the mark in India.

3. The duration, extent, and geographical area of any promotion of the mark in India.

4. The degree of inherent or acquired distinctiveness of the mark.

5. The extent to which the mark has been registered in India or in other countries.

• Registrar of Trade Marks: The Registrar of Trade Marks maintains a list of famous trademark in India.

• This list includes both Indian and foreign trademarks. Some of the well-known marks in India include, Amul, Coca-Cola, Bisleri, Google, Pepsi, Nestle, McDonald’s, Samsung, LG, Nike, BMW, Mercedes-Benz, Sony, Nokia, and Adidas.

Significance of Well-known Trademark

• Well-known trademarks are highly valuable assets for businesses. They contribute to brand recognition, consumer trust, and market competitiveness.

• The recognition of a trademark as "well-known" grants it additional protection against unauthorized use, even for goods or services not directly related to the original trademark. This protection helps prevent consumer confusion and safeguards the reputation and distinctiveness of the mark.

Additional Fact

• Trademark: A trademark is a symbol, design, word or phrase that is identified with business.

• Registering a trademark allows its owner to claim exclusive rights to its usage.

Trademark Act

• The Trademarks Act of 1999 governs the regime of trademarks and their registration in India.

• It guarantees protection for trademarks registered with the Controller General of Patents, Designs, and Trademarks, also known as the trademark registry.

• Section 25 – According to Section 25 of the 1999 Act, once registered, a trademark is valid for 10 years and can be renewed by the owner periodically.

• Using someone’s registered trademark without their authorization amounts to its violation or infringement.

• Passing off – The notion of Passing off in the Indian Trademarks Act, 1999 seeks to safeguard the goodwill associated with unregistered trademarks.

• It is a deception where a brand misrepresents itself as another to benefit from their reputation.

• Example of passing off – ‘Adidas’ and ‘Adibas’.

• In such infringement cases, the trademark owner can take legal action and is entitled to remedies such as injunctions (orders to cease an action), damages and accounts.