determination as to_well-known_trade_mark_for_good

Determination as to well-known trade mark for goods or services.

The well-known trademark is determined by the Registrar. Trade Mark based on the facts and will have to give a finding of fact under the principles established by law. It states the substantive matters which the Registrar shall keep in view while determining that a trade mark is well-known or not, authorises the Registrar to take into account any fact which he considers relevant in the process of the determination. Here, we are going to discuss the important clauses.

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The most important prescription in relation to such determination process of a mark is found. It lists the factors which cannot be required as a condition in relation to a mark by the Registrar. It would be referred as “no factors” and establishes in order to large protection for well-known trademarks and an international globe-trotting protection.

Trademark



Well-known trade mark

A trade mark can be a well-known trademark without its registration or use in India or in any country because a well-known trade mark is a worldwide phenomenon.



“Role of Definition of Well-known Trademark in Determination”

There has not been a full agreement on the definition internationally and deliberations and consultations to settle the meaning of trade mark had been going on under the auspices of WIPO. The term had been in use since 1925, it was incorporated in the Paris Convention for a better protection to such marks



A relation to any goods or services with the well-known trademark attains the following criteria

To the concerned sector of the public where the goods and services will be used.

The using of those marks which will be relating to other goods or services. would be likely to be taken as indicating a connection in the course of trade or rendering of services

A person using the mark in relation to the goods and services which are mentioned first

Definition



In determining the status of a trademark, in addition, the opinion of the court whether the trade mark is well known in any relevant section of the public in India is important-“. The determination of trademarks by finding the facts by the court. That if such a trademark is used on different or non-competing goods or services, it would indicate to the consuming public as if it is the mark of the same person who has been using this in some other goods or services of which they are aware.

Trademark



In addition, the court shall also take into account the matters which the Registrar is mandated to keep in view, the discussion on which follows. When a court is of the opinion that the mark does not deserve protection for dissimilar goods or services, the court is less likely to hold such a mark as a well-known trade mark.

Trademark



determination as to_well-known_trade_mark_for_good

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