Well-Known Trademarks In India: Expanding Protection Or Encouraging Monopoly?
- IJLLR Journal
- 1 day ago
- 1 min read
Arpit Saxena, Chhatrapati Shahu Ji Maharaj University, Kanpur
Introduction
In the ever-evolving landscape of Intellectual Property Rights (IPR), trademarks play a pivotal role in brand recognition, consumer trust, and market competitiveness. Among the various classes of trademarks, the category of "well-known trademarks" occupies a special position in Indian trademark law. Recognized under Section 2(1)(zg) of the Trade Marks Act, 1999, a well- known trademark is defined as a mark that has gained a substantial reputation and recognition among the public, transcending geographical and commercial boundaries. The increasing judicial and statutory protection extended to such marks raises critical questions: Are we ensuring necessary protection for globally reputed brands, or are we inadvertently encouraging monopolistic tendencies that stifle local competition?
This article explores the evolution, judicial interpretation, and policy implications of well- known trademarks in India, ultimately addressing the central issue—whether the expanding protection granted to well-known marks strikes the right balance between brand protection and public interest.
Legal Framework for Well-Known Trademarks in India The Trade Marks Act, 1999 provides a comprehensive framework for the recognition and protection of well-known trademarks. Key provisions include:
● Section 2(1)(zg): Defines a well-known trademark.
● Section 11(6)-(9): Enumerates factors to be considered while determining whether a
mark is well-known.
● Section 11(2): Bars registration of marks identical or similar to a well-known trademark across different classes if it is likely to cause confusion.
These provisions demonstrate the Indian legislature's intention to align with global standards, particularly the TRIPS Agreement, which emphasizes the protection of marks with international repute.
