'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 ? (ii) Why Registrar will protect 'EcoSustain World' ?

Answer & Explanation:

With coming up of the Trade Mark Rules 2017, a new procedure has been created that allows the Registrar to proclaim a particular trademark as "well known". According to the Trade Mark Rules 2017, 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. Well-known trademarks are recognised in India on the basis of their reputation, nationally, internationally and the cross-borders. Unlike other trademarks whose goodwill and reputation is limited to a certain specified geographical area and to a certain range of products, well-known trademarks have its goodwill and reputation protected across the nation and across categories of goods and services. 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.

Topics: Trade Marks Act, 1999

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