How do you know if a trademark is well known?
The Trademarks Act, 1999, defines well-known trademark as, “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade …
How do you identify a known trademark in India?
- Knowledge and Recognition of the Trade Mark in a relevant section of the public.
- Extent, Duration, and the Geographical Area in which the patent is used.
- Extent, Duration, and the Geographical Area in which the patent is promoted.
- Duration or Geographical Area of registration or application of registration.
What is the most well known trademark?
The Most Valuable Trademarks in the World – Top 10
- Amazon – 416 Billion Dollars.
- Apple – 352 Billion Dollars.
- Microsoft – 327 Billion Dollars.
- Google – 324 Billion Dollars.
- Visa – 187 Billion Dollars.
- Alibaba – 153 Billion Dollars.
- Tencent – 151 Billion Dollars.
- Facebook – 147 Billion Dollars.
What is an example of a trademark for a well known company?
Famous marks are those that have an immediate connection in the minds of the consumers with a specific product or service and the source of that product or service. Examples of famous trademarks are APPLE, COCA-COLA, MCDONALDS and NIKE.
What is transborder reputation?
Transborder reputation is embodied in Section 35 of the Indian Trade Mark Act, 1999 and it offers protection to foreign trade marks on the basis of their international reputation. In our judgement, the good will or reputation of goods or marks does not depend on its availability in a particular country.
What are well known marks and how are they protected?
The heart of protection for well-known marks is found in Article 6bis of the Paris Convention, which states in part that member countries agree “to refuse or to cancel the registration, and to prohibit the use, of a trademark which constitutes a reproduction, an imitation or a translation, liable to create confusion.
What is a good trademark in India?
A trademark must be a mark which includes a device, heading, brand, label, ticket, signature, word, letter, name, numeral, packaging or combination of colors or any combination of the above attributes. It should be easy to speak and spell. A good trademark is such that the public can easily spell and speak.
Which of the following is not considered while determining whether a mark is well known trademark?
Factors irrelevant in deciding if a Trademark is Well-Known That it has been used in India. That it has been registered. That the application for registration has been filed in India. That it is Well-known or registered in any jurisdiction other than India.
What is a descriptive mark?
Descriptive marks consist of words that are indicative of the characteristics or qualities related to the goods or services associated with the mark.
What is trademark dilution and what is a famous mark?
Trademark dilution occurs when a third part uses a mark or trade name in commerce that is sufficiently similar to a famous mark such that it harms consumer perception of the famous mark.
Is Pepsi a registered trademark?
PEPSI-COLA Trademark of PEPSICO, INC. – Registration Number 0349886 – Serial Number 71391285 :: Justia Trademarks.
What is a ‘well-known’ trademark?
According to the new rule, a trademark owner can file an application in form TM-M with a request made to the Registrar for declaring the mark to be “well-known”. A well-known trade mark has been vouchsafed with extraordinary protection and safeguards against passing off and infringement of such trademarks.
Are well-known trademarks protected across all classes of goods and services?
Trademarks Act, 1999 The provision of this section extends the ambit of protection provided to the well-known trademarks. According to this clause, well-known trademarks are to be recognised and protected across all the classes of goods and services. Relevant portion of the section has been reproduced herein:
What is a deceptively similar trademark?
It is law that restricts the Trade Mark Registry to allow and register any mark as a trademark which is deceptively similar to any of the well-known trademark.
Are there any exceptions to trademark law for famous companies?
Even though trademark law doesn’t officially make exceptions for famous, well-known marks, it’s easier for the owners of these marks to protect their rights. Legislators are also usually proactive about resolving any infringement that may affect the reputation of a famous company.