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Protection Of Well-Known Trademarks In India

Suryansh Tiwari, Allahabad University (U.P)


With the growth of global recognition of trademarks, evolution of technology (cyberspace) the need for Protection of Trademarks, especially Well-Known Trademarks has increased. The goodwill and reputation of Well-Known Trademarks is generally not confined to specified geographical limits and they have trans-border reputation. Any use of a mark deceptively similar or identical to a Well-Known Trademark would cause the general public to associate the goods and services in respect of such deceptively similar trademark with the Well-known trademark and would thus degrade and tarnish the reputation of such well-known trademark. Hence, Well-known Trademark require special protection. This article attempts to trace the protection guaranteed to Well-Known Trademarks in India. With the passing of the Trade Marks Act, 1999 special protection has been envisioned for the Well-Known Trademark which shall be dealt with in this article with relevant judicial pronouncements. The article also deals with judicial pronouncements protecting the Well-Known trademark even before the enactment of the Trade Marks Act, 1999.

Keywords: Well Known Trade Marks, The Trade Marks Act, 1999, Dilution, TRIPS, Identical or Similar Trademarks


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878


Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.


The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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