A well-known trademark is a mark that has wide public recognition. Consumers recognize it as representing high-quality goods or services from a specific source. This recognition gives the mark special legal protection under intellectual property laws.
Under Section 2(1)(zg) of the Trade Marks Act, 1999 (India), a well-known trademark is defined as one that is widely known to a significant part of the public. This applies even if the brand owner hasn’t used or registered the brand in a particular country or class.
For example, brands like Google, McDonald’s, and Apple are well-known worldwide. Even if a local business attempts to register these names in another industry, the registration authorities will not permit it. The law protects such marks from misuse or unfair advantage.
A trademark becomes well-known due to factors like:
- Extensive use and promotion
- High market share
- Recognition in media and public surveys
- Legal recognition in court or trademark registry
Well-known trademarks are protected from:
- Copying or imitation
- Use on unrelated goods or services
- Actions that harm the brand’s reputation
Trademark owners can secure protection without registering them in every category or country. Their reputation speaks for itself.
In conclusion, a well-known trademark safeguards a brand’s identity. It ensures that consumers receive accurate information and that businesses preserve the brand’s value in the global market.