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Protection Of Well-Known Trademarks In India





Suryansh Tiwari, Allahabad University (U.P)


ABSTRACT


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



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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