In 2010, GreenRoots Ayurveda Pvt. Ltd. developed a herbal supplement for liver health under the brand name "HerbWell", packaged in a distinctive green-and-gold bottle with a leaf-shaped cap. Over the years, the product g
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2025
In 2010, GreenRoots Ayurveda Pvt. Ltd. developed a herbal supplement for liver health under the brand name "HerbWell", packaged in a distinctive green-and-gold bottle with a leaf-shaped cap. Over the years, the product gained immense popularity both in India and abroad, supported by significant investments in television advertising, Ayurveda health fairs and endorsements from medical professionals. By 2024, "HerbWell" had earned a strong reputation and was widely recognised by consumers. In 2024, another company, Herbal Wellness India Ltd., launched a liver tonic under the brand name "HerbWel+". Its packaging was strikingly similar to that of "HerbWell" and the word "HerbWel" was written in a nearly identical font, with only a "+" symbol added at the end. GreenRoots Ayurveda Pvt. Ltd. objected, asserting that this similarity was likely to mislead consumers into believing that "HerbWel+" was associated with or endorsed by them. They claimed that "HerbWell" had become a well-known trademark and that the actions of Herbal Wellness India Ltd. amounted to passing off. In view of the above case, answer the following questions: Define the "well-known trademark" as per Section 2(1) (zg) of the Trade Marks Act, 1999.
Answer & Explanation:
In terms of Section 2(1)(zg) of the Trade Marks Act, 1999, a well-known trade mark in relation to any goods or services means a mark which has become so to the substantial segment of the public which uses such goods or services such 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 or rendering of services between those goods or services and a person using the mark in relation to the first-mentioned goods or services.
Topics: Trade Marks Act, 1999
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