A Critical Study On The Protection Of Well- Known Trademarks Under Indian Law
- IJLLR Journal
- Mar 8
- 1 min read
Roshan Sawant, Thakur Ramnarayan College of Law
Ayushya Ojha, Thakur Ramnarayan College of Law
Abhay George, Thakur Ramnarayan College of Law
ABSTRACT
Intellectual Property Rights play an important role in protecting creations of the human intellect, with trademarks serving as key indicators of the origin, quality, and reputation of goods and services. In the modern global marketplace, certain trademarks acquire extensive recognition and goodwill among consumers, leading to their classification as well-known trademarks. Such marks require a higher degree of legal protection because their value extends beyond product identification to safeguarding brand reputation and consumer trust. This research paper examines the legal framework for the protection of well-known trademarks in India and analyses the procedures, judicial developments, and challenges associated with their recognition and enforcement. The paper traces the historical evolution of trademark law, beginning with the Industrial Revolution and the development of trademark protection in India from the Trade and Merchandise Marks Act, 1958 to the Trade Marks Act, 1999. It further explores the influence of international instruments such as the Paris Convention and the TRIPS Agreement, which laid the foundation for extending protection to well-known marks, including protection across dissimilar goods and services.
