In the current business environment, it’s not only the logo and the name of a product or service but the trademark itself which has become an emblem of trust, quality, and reputation.
Certain brands get so popular that consumers immediately recognize the trademark without even considering the product or service related to it the very first time. These brands are also recognized as famous trademarks and come under the category known as ‘well-known trademarks,’ which get additional protection under the trademark act. This article provides an overview of why certain trademarks have special recognition and how a brand earns such respected status.
A well known trademark is essentially one whose
A well-known trademark is a trademark that has managed to achieve a high level of recognition across the masses. Unlike normal trademarks, where the brand is only protected in a particular category of products and/or services, well-known brands are safeguarded across a range of products and even against use in products that are not related to them.
For instance, brands such as Coca-Cola, McDonald’s, Amul, or Infosys are very common in India. Even if another person tries to acquire a similar name or logo for another product, still, the first brand name is protected under the Indian law due to the source associated with it in public.
The Indian Trade Marks Act of 1999 prescribes the definition of the well-known trademark under Section 2(1)(zg), which states that it is the trademark that the public is likely to recognize as being associated with the original owner for different goods or services by virtue of the recognition.
Importance of Well-Known Trademarks
The role that famous trademarks play cannot be underestimated. Here are a number of reasons why brands attempt to acquire this status:
- Improved Legal Safeguards
Common trademarks are only valid within the class of goods or services that the mark is registered for. This does not apply to well-known trademarks. These are valid in all classes. This means that even if a mark is used by another party in a different business, it may amount to an infringement.
- Shielding Reputation from Damage
A trademark of a reputed brand establishes a brand identity that takes years to develop. Using this trademark for sub-standard products and services can affect brand reputation.
- Global Recognition
The fact is, many famous trademarks are recognized globally. This aids in the extension of the brand without the fear that a person might later use the same logo or name elsewhere.
How Does a Brand Become Well-Known?
To be widely known is not easy. It is achieved through a combination of recognition, commercial success, and legal actions. The following are the steps to take:
1. Reputation Building
The first and foremost is brand recognition. It is necessary that a brand is recognized by the general public in relation to his or her product or service. It arises from:
Established use of the brand in a business operation for an extended period of-
- Advertising, Marketing, and Promotion
- Adverse factors
- High sales and market share.
- Recognition by various trade bodies, media, and consumers.
For instance, the brand name Coca-Cola was born over a century ago and is marketed internationally. Its popular identity creates a perfect example for recognition of a trademark.
2. Filing for Trademark Registration
While an identity may very well become famous solely by reputation, a Trade Mark Registration enhances legal protection.
Here are:
- “Exclusive rights to the brand for specific product and/or service offerings.”
- Evidence of ownership in case of disputes.
- A basis to apply for well-known status.
The registration of a trademark is the first step to take to protect a trademark before making a claim for well-known status.
3. Application for Well-Known Status
In the Indian context, brands need to apply to the Trademark Registry in order to be recognized as a well-known mark. This is done by filling out Form TM-M along with evidence that proves that it is a widely recognized brand. There are several factors that are checked by the
Trademark Office, including:
- Duration and extent of use worldwide & the use in India.
- Recognition in the market and among consumers.
- Mktg (advertising/promotions)
- Any pre-existing legal protection or enforcement efforts involving the defense of the brand.
4. Preserve Well-Known Status
Recognition as a famous trademark is not a one time thing. Brands need to work on protecting their reputation through:
- Unauthorized use tracking.
- Prosecuting actions for counterfeiting or infringement.
- Engaging in other activities associated with the promotion process.
- Examples of Famous Trade Marks in India
- Some renowned brands are Indian as well as international.
Some examples are as follows:
- Coca-Cola – Soft Drinks.
- Amul – Dairy products.
- Infosys – IT Services.
- McDonald’s – Fast food.
- Tata Multiple industries like automobile, IT, steel, among others.
Conclusion
Thousands of businesses lose their brand rights due to delayed trademark registration.
Avoid costly disputes, copycats, and rebranding.
FAQs:
1. What constitutes a brand as a well-known trademark?
2. How does a well-known trademark protect a brand differently from a regular trademark?
Whereas regular trademarks protect specific categories, well-known trademarks prevent use even outside those categories to safeguard brand equity.
3. Can a new brand be well-known?
While reputation generally takes years, a brand that engages in very aggressive marketing, has strong public presence, and offers top products and services may become well-known even faster than traditional timelines.
4. Can a well-known trademark forbid others from depositing identical or similar marks?
Yes. A well-known trademark, upon recognition, may oppose the registration of a mark that is confusingly similar to it, even if used in unrelated industries, to protect the brand’s distinctiveness.
5. Does the registration of a trademark automatically allow the brand to become well-known?
No. Registration provides basic protection, but fame requires public recognition, market reputation, and legal proof of common awareness.
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