Ipshita, Faculty of Law, University of Delhi
ABSTRACT
Alpin explains that, for certain entities, trademarks are their most valuable commercial assets. Within the realm of these trademark are the well known trademarks..In particular when it comes to well-known trademarks, the value attached to the mark exceeds the total value of assets of such an undertaking. Companies spend a hefty amount of money to build the reputation and goodwill of their brands to be known to a segment of public. A strong protection for these trademarks are required to protect the interest of the owners of these trademarks in order to prevent it from infringements and dilution furthermore it is pertinent to maintain the exclusivity of these Well- known trademarks, in order to maintain authenticity. Over the course of this paper, we shall explore the meaning and importance of Well-known trademarks, Protection of well known trademarks under the old TMM act and the TM Act along with international protection of well known trademark. Further we discuss the factors that determine a trademark to be Well-known, and the conditions that are not necessary for the same. After laying down these conditions, we shall discover the procedure of registering a trademark as Well-known in India. This paper also highlights the issues related to well known trademarks – doctrine of dilution and transborder reputation.
