The document explains well-known trademarks as signs used to distinguish goods or services, recognized for their prominence and thus protected against use by others across various classes and geographical locations. It outlines key reasons for this protection, criteria for recognition, and the statutory provisions governing well-known trademarks in India. Additionally, the document describes the registration process and the required documentation for establishing a claim to a well-known trademark.

1. WELL-KNOWN
TRADEMARKS.
BY- SAMPOORNA SAHA
A PRESENTATION ON-

2. WHAT IS A TRADEMARK?
A Trade Mark is a sign used by a
person to identify and distinguish
its goods or services from those of
others.

3. WHAT IS A WELL-KNOWN TRADEMARK?
Well-known marks are also known as Famous
mark, that is widely recognized by their
customers.
 It is a mark that has attained prominence in
public
 no other service or goods provider can use
such marks.

4. A WELL-KNOWN TRADEMARK.
A well-known trademark is protected across all
classes of goods or services and across
geographical locations.
Even if your company's trademark is for a
different class of goods or services than the
well-known mark is for, you will still not be
allowed to use it.

5. SOME OF THE WELL-KNOWN MARKS.
TATA HONDA MC DONALD’S
BISLERI GOOGLE TACO BELL

6. 3 MAJOR REASONS BEHIND PROTECTION OF THE MARKS
.
To prevent unfair use of a mark’s
reputation
Prevents confusion in consumers
Prevents causing harm to the
reputation of a mark.

7. RECOGNIZING A WELL-KNOWN TRADEMARK.
 The duration, extent, and geographical area of any,
 A record of successful enforcement of IP rights regarding the mark.
 The commercial value of the mark.
 The awareness and popularity of the mark.
Use of the mark. Promotion of the mark.
Registrations or any applications
for registration of the mark.

8. REGISTERING A WELL-KNOWN TRADEMARK.
A statement of case mentioning the
claimant’s rights on the trademark.
A copy of the successful
enforcement or judgment is to be
furnished in case of a registered
trademark.
Evidence or supporting documents,
•use of the trademark
•registration certificate
•annual turnover
•publicity and advertisement
•knowledge and reputation of the trademark.

9. STATUTORY PROVISIONS OF A WELL-KNOWN TRADEMARK.
 Section 2 (1) (zg) of The Trade Marks Act 1999-
Defines the term ‘Well-known Trade-Mark’.
 Section 11 (2) of The Trade Marks Act 1999-
Provides protection and recognition of a Well-known Trademark.
 Section 11 (6)- 11 (9) of the Trade Marks Act 1999-
Provides the criteria for determining a Well-Known Trademark.

10. PROCEDURE FOR REGISTRATION
Any person may
give an
application in
Form TM-M and
make payment of
fee as mentioned
Filing should be
done by e-filing on
the official
website of
trademark,
www.ipindia.nic.in
The Registrar shall,
take in to account
the provisions of
sub section (6) to
(9) of section 11.
He may call for
such documents as
he thinks fit.
Registrar may
invite objections
from the general
public to be filed
within thirty days
from the date of
invitation of such
objection.
Lastly shall be
published in the
trademark
Journal and
included in the
list of well-known
trademarks
maintained by
the Registrar.