Well-Known Marks In India

Question 1
What are the requirements of the well-known trade mark in India?

Answer 1
The well-known trade mark requirements in India;
· The mark must be known or recognized and known by a relevant section of the public and need not be well known to the public at large.
· The mark need not be a registered mark, nor does it have to be a mark in use nor is it necessary for an application of the mark to be filed in India.
· The mark must be well known in India, but need not be well known on an international scale.

Question 2
What are the factors to be taken into account in deciding whether a mark is well-known in India?

Answer 2
The factors to be taken into account in deciding whether a mark is well-known in India;
· The knowledge and / or recognition of the trade mark in the relevant section of the public, including the knowledge obtained as a result of promotion of the trade mark in India.
· The duration, extent and geographical area of any use of the mark.
· The duration, extent and geographical area of any promotion of the mark including advertising or publicity and the presentation, at fairs or exhibition, of the goods and services to which the mark is applied.
· Records of successful enforcement of rights in the mark particularly in extent to which the mark was recognized as well known by competent authorities.

Question 3
What are the evidence to prove use of the mark in India?

Answer 3
The evidence to prove use of the mark in India or otherwise includes;
· Sales figures pertaining to the use of the mark in India.
· Sales figures pertaining to the use of the mark in major countries where there are large sections of the Indian population.
· Records of successful enforcement of the mark’s rights in the world, in particular anywhere in the world where the mark may have be considered to be well known or famous.