'EcoSustain World' is a multinational corporation with a registered well-known Trade Mark protected across different categories of goods and services and a strong global brand reputation. A new Indian company started usi

CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2024
'EcoSustain World' is a multinational corporation with a registered well-known Trade Mark protected across different categories of goods and services and a strong global brand reputation. A new Indian company started using a deceptively similar Trade Mark. Can 'EcoSustain World' protect its trade mark in India ? (i) Explain with an example the significance of a well-known trade mark as per provisions of the Trade Marks Act, 1999.

Answer & Explanation:

Yes, 'EcoSustain World' can protect its well-known Trademark in India. 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. For Example: Google has been registered as a well-known trademark of Alphabet Inc., which thereby means only Alphabet Inc. can register the term 'Google' for any category of goods and services. Even if the service is not related to the Internet industry, no other company but Alphabet Inc. can register 'Google' as its trademark.

Topics: Trade Marks Act, 1999

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