MODULE 1

INTELLECTUAL PROPERTY RIGHTS

IPR

(Mgu exam Janu 2022 - 5 marks, mgu exam Janu 2022- 15 marks,mgu exam 2021- 2 marks,)

Intellectual property rights are the rights given to persons over the
creations of their minds. They usually give the creator an exclusive right over the use of his/her
creation for a certain period of time.

IPR covers the following under the guidance of World Intellectual Property Organization
(WIPO):

• Industrial design
• Scientific discoveries/inventions
• Protection against unfair competition
• Literary, artistic and scientific works, inventions in all fields of human endeavor,
trademarks, commercial names and designation.
• All other rights resulting from intellectual activities in the individual scientific literacy
or artistic field.

Types of IPR

• Copy Rights
• Patent Rights
• Trade Marks
• Trade secrets

ADVANTAGES OF IPR

• Innovative idea to earn profit

• Export Business Opportunities
• Business Growth
• There are no extra fees connected with IP
• Competitive edge over other alike businesses
• IP aids in marketing the company’s products and services
• Obtaining finance becomes easy
PATENT RIGHTS

Meaning : A patent is an exclusive right granted for an invention. In other words, a patent is an
exclusive right to a product or a process that generally provides a new way of doing something,
or offers a new technical solution to a problem.

Patents are the most generalized way for protecting the rights of inventors. A patent is
an exclusive right granted by the state for the protection of an invention. The patent grants to
its holder the exclusive right to use or exploit the invention and prevent third parties from using
it without consent.

OBJECTIVES OF PATENT (mgu exam oct 2019- 5 marks,

1. To encourage inventor: If a person puts efforts and resources in invention something

that can be patented, he should have a provision that stops others from copying his work
without his permission. If it happens he would get motivated to research further.
2. To protect Inventors’ interest: By protecting inventions the Law also protects the
goodwill and financial gains of the inventor. For e.g. if Patents are not provided anyone
can copy the formula of drugs and can sell it at cheaper rates. This will affect the
goodwill of the inventor in case the drug does not work, and the inventor will also lose
his market that will result in financial loss.
3. Encourage Research and Development: If an inventor gets recognition for his work
and at the same time his work is protected also, he may get motivated for further
research. This will also motivate others to go in the field of research. All this will finally
result in the technical and financial growth of the society.
4. To ensure Fair trade practices: By providing protection and monopoly rights the law
indirectly stimulates fair trade practices. If a businessman knows that he will be facing
legal action for copying others’ process or product, he may not try to do so. This will
help in controlling unfair competition.

PATENTEE
A patentee is a person who is entered in the register of patents as the grantee or
proprietor of a patent for the time being. The person to whom the patent has been granted is
known as Patentee. The Patentee is entitled to use the property or invention in the same manner
as the owner of any movable property.
RIGHTS OF PATENTEE

1. Right to exploit the Patent.

2. Right to Grant License.
3. Right to Surrender.
4. Right to sue for Infringement.
5. Right to Use and Enjoy Patent.
6. Duty to Disclose.
7. Duty to Request for Examination.
8. Duty to Respond to Objections.
Right To Exploit The Patent
In India, the patent holder is provided with the right to manufacture, use, sell and distribute the
patented product. In case the invention is a process of production, the owner of the patent has
the right to direct the procedure to the other person who has been authorised by the patentee.
This right can be enforced by the agent of the patent holder.

Right to assign and license

The patent holder is granted with the rights of assigning or granting licenses for manufacture
and distribution of the patented products to others. In case there are co-owners of the patented
product, the permission to grant license to the other person shall be sought from the co-owners.
The license would be considered to be granted when the request has been duly authorised by
the controller.

Right to surrender the patent

The owner of the patent has the right to surrender his patent after seeking permission from the
controller. The controller then advertises about this surrender as per the procedure laid down
in the Indian Patents Act. The parties interested in getting the ownership of the patent can then
approach the controller. The controller examines the party’s claims and.surrenders the
ownership respectively.
Right before sealing

Section 24 of the Indian Patents Act implies that a patent is sealed from the date of notification
for acceptance to the date of acceptance of the notification. The right of the patentee begins
after the notification for acceptance has been presented.

Right to apply for the patent of addition

This provision is provided in Section 54 to 56 of the Indian Patents Act. This provision provides
for the modifications in the existing invention. In such a case, the patent holder is granted the
right to the modified invention after the notification of the acceptance comes out. Once the
notification is presented, the owner is provided with the same rights as provided to the previous
patent.

Right in case of infringement

When any of the rights of the patent holder is violated, then it is termed as patent infringement.
This is to mean that if the patented invention is used, manufactured or sold for commercial
purposes by any person, then it will be accused of patent infringement. In case of violation of
patentee’s rights, the patentee can approach either the district court or a high court. If the person
is proven guilty of infringement, the courts will either grant permanent injunction or damages
or both.

REGISTRATION OF PATENT.

Register And Condition For Registration (Sec 3)

For the purpose of Intellectual Property Rights Act, the Central

Government has to appoint a person as Controller General of Patent, Design and Trade Marks
and other officers with such designation as it think fit. The appointments are to be made by
notification in the official gazette. All the activities on the subject matter are supervised by the
Registrar.

The Registrar himself shall either handle the cases which are pending with the
officers or transfer them to another officers. Such transfer must be made by an order in writing
with reason for transfer.

Steps of Registration
(a) Write down the invention in details including the following.
 o Area of invention
o Description of the invention
o How does it work?
o Advantage of the invention
(b) Supporting documents
Include drawing, diagrams or sketches explaining of inventions. It should be designed so as to
explain the working of the invention in a better way.
(c) Evaluation whether the invention is patentable
All inventions are not patentable so check the invention is patentable or not as per the Act.
(d) Patentability search
Check whether the invention meets all patentability criteria as per Indian patent Act. i.e. About
• Novelty
• Non obviousness
• . Industrial application
• Enabling
(e) Draft application
In case application is at an early stage of research, then you can go for provisional application
so that it gives the following benefits:-
▪ . secures filing date 12 months of time to file complete specification
▪ Low cost
(f) Publication of application
Upon filling complete specification along with application of patent, the application is
published after 18 months of first filing. An early publication request can be made along with
prescribed fee if you do not want to wait till the expiry of 18 months from date of filing for
publishing your patent application.
(g) Request for examination
The application is examined only after request for examination. Upon receiving this request
the controller gives patent application to patent examiner who examines the patent application
with different patentability criteria like patentable subject matter
▪ Novelty
▪ Non obviousness
▪ Inventive step
▪ Industrial application
▪ Enabling
The examiner creates first examination report of the application thereon the review has been
done. Everything happening to patent application before grant of patent is generally called as
patent prosecution.
The first examination report submitted to controller by examiner generally contains prior arts
which are similar to the claimed invention and same is reported to patent applicant.
(h) Respond to objections
Majority of applicants will receive same type of objection based on examinations report. This
is the chance for inventor to communicate his novelty over prior arts(existing details) found in
the examination report.
(i) Clearing all objections
The communication between controller and patent applicant is to ensure that all objections
raised in the patent application are resolved and the inventor has his fair chance to prove his
point to establish novelty. Based on the finding that the patent application is in order, eligible
in all respects and found to be meeting all the patentability requirement, request shall be
accepted.
(J)Grant of patent
The grant of patent is notified in the patent journal which is published time to time.

Important aspects of registration

1. Application for grant of patent
An application for a patent can be for a single invention only. The application on the prescribed
format is to be submitted in the patent office and where the assignee is the applicant who has
to submit proof of his right to apply. The persons entitled to make application for
patent are:-
• Any person claiming to be the true and first inventor of the invention.
• Any person being the assignee of the inventor.
• The legal representative of any deceased person who
immediately before his death was entitled to make an
application
2. Specification
There are two types of specification of invention i.e. provisional and complete specification.
Where an application has been filed with provisional specification, a complete specification on
same has to be given to controller within 12 months from the date of the application.
3. Contents of specification
The application for patent should contain the specification of inventions as below:-
✓ Both the specifications, provisional and complete has to begin with a title indicating
subject matter to which the invention relates.
✓ Drawing if any in this regard will be considered as specification
by the controller.
 ✓ But the complete specification should fully describe the invention and its operation or
use end.

✓ the method by which it is to be performed i.e the best method of performing the
intentioned has to be disclosed.

✓ The application should end with a claim or claims defining the

scope of invention for which protections claimed.

4.Dates of claims of complete specification

Where the complete specification has been filed in pursuance of a single application
accompanied by provisional specification or deemed provision specification, the claim is fairly
based on the matter disclosed in the specification, the priority date of the claim would be the
date of filing the relevant specification. Where the complete specification is filed or proceeded
with in pursuance of two or more applications accompanied by specifications, the claim is
fairly based on the matter disclosed in one or more of those
specification, the priority date of the claim would be the date of filing the relevant specification
of the later date.

5. Register of patent
A register of patent has to be maintained at the patent office, containing the following:-
• Names and addresses of patentees
• Notification of assignment and transmission of patent or license under patents and
amendment, extension, and revocation.
• Particulars of such other matters affecting the validity or proprietorship of patents as may be
prescribed.
The register is to be kept under the control and management of Controller but it
remains under the supervision and direction of Central Government. It is lawful to keep the
register of patents or its part thereof in computer floppies, diskettes, etc. subject to such
safeguards as may be prescribed.

6. Assignment must be made in writing

An assignment of a patent or a share in a patent, a mortgage, license or the creation of any other
interest in a patent is not valid unless the same is in writing. Further the agreement between the
parties is to be reduced to a documents embodying or representing all the conditions governing
their rights and obligations.

7. Registration of assignment, transmission etc.

The assignee or transferee of patent right has to apply in writing to the Controller for
registration of his title or of notice of his interest in the register. Such application can also be
made by the assigner, licensor or other party of the instrument.
8. Grant of Patent (Sec 43)
Where the application for patent is found to be in order and is no in contravention of any
provision of the Act and the controller has no refused it in exercise of his powers, the patent
has to be granted with immediate effect. The grant has to be made under the seal of the Pater
Office. The date of grant shall be entered in the register. On grant the controller shall publish
the facts that the patent has been granted. TE application, specification and other related
documents must be made open for public.

What is not an Invention ( Not Patentable )

Under the Indian Patent Act, 1970, the following are not inventions within the meaning of the
Act:

• An invention which is frivolous or which claims anything obviously contrary to well

established natural laws;
• An invention the primary or intended use of which would be contrary to law or morality
or injurious to public health;
• The mere discovery of a scientific principle or the formulation of an abstract theory;
• The mere discovery of any new property or new use for a known substance or of the
mere use of a known process, machine or apparatus unless such known process results
in a new product or employs at least one new reactant;
• A substance obtained by a mere admixture resulting only in the aggregation of the
properties of the components thereof or a process for producing such substance;
• The mere arrangement or re-arrangement or duplication of known devices each
functioning independently of one another in a known way;
• A method of agriculture or horticulture;
• Any process for the medicinal, surgical, curative, prophylactic or other treatment of
human beings or animals or plants to render them free of disease or to increase their
economic value or that of their products;
• Plants and animals in whole or any part thereof other than micro organisms but
including seeds, varieties and species and essentially biological processes for
production or propagation of plants and animals;
• A mathematical or business method or a computer programme per se or algorithms;
• A literary, dramatic, musical or artistic work or any other aesthetic creation whatsoever
including cinematographic works and television productions;
 • A mere scheme or rule or method of performing mental act or method of playing game;
• A presentation of information.
• Topography of integrated circuits;
• An invention which in effect, is traditional knowledge or which is an aggregation or
duplication of known properties of traditionally known component or components;
• Inventions relating to atomic energy.

INFRINGEMENT OF PATENTS (Mgu Exam, Oct 2019 -2 Marks, Mgu Exam Oct2019-
5 Marks, Mgu Exam Feb 2021-5 Marks, Mgu Exam Feb 2021-15 Marks, Mgu Exam Janu –
2022, 2 Marks)

Introduction
Patent infringement means the violation of the exclusive rights of the patent holder. As
discussed earlier, patent rights are the exclusive rights granted by the Government to an
inventor over his invention for a limited period of time. In other words, if any person exercises
the exclusive rights of the patent holder without the patent owner's authorization then that
person is liable for patent infringement. Sections 104-114 of the Patents Act, 1970 provide
guidelines relating to patent infringement.
Unlike the Design law, the Patents law does not specify as to what would constitute
infringement of a patented product or process. However, the following acts when committed
without the consent of the patentee shall amount to infringement:
(i) making, using, offering for sale, selling, importing the patented product;
(ii) using the patented process, or using, offering for sale, selling or importing the product
directly obtained by that process

Types of Infringement
There are two kinds of infringement :

Direct Infringement
Direct patent infringement is the most obvious and the most common form of patent
infringement. Basically, direct patent infringement occurs when a product that is substantially
close to a patented product or inventions marketed, sold, or used commercially without
permission from the owner of the patented product or invention.

Indirect Infringement
Indirect patent infringement suggests that there was some amount of deceit or accidental patent
infringement in the incident. For instance, A holds a patent for a device and B manufactures a
device which issue substantially similar to the A’s device. B is supplied with a product from
another person C to facilitate manufacturing of the B’s device. If the device so manufactured
by B infringes upon A’s patent, then the person C indirectly infringes A’s patent. Further, if
such a product is knowingly sold or supplied, it may lead to “contributory infringement”. In
the above example, if the person C knowingly supplies the product to B then the infringement
is construed as contributory infringement.

Exclusion From Infringement

The law however enumerates certain exceptions to infringement:
(a) Experimental and Research: Any patented article or process can be used for the following
purposes:
• Experiment
• Research
• Instructing the pupils
It is also permitted to make, construct, use, sell or import a patented invention solely for the
uses reasonably related to the development and submission of information required under any
law for the time being in force, in India, or in a country other than India, that regulates the
manufacture, construction, use, sale or import of any product. All such acts, if within the
bounds as created above, cannot be challenged as infringing the rights of the patentee.
(b) Parallel Importation under certain conditions: Patented article or article made by using the
patented process can be imported by government for its own use. Also a patented process can
be used by the government solely for its own use. Moreover the government can import any
patented medicine or drug for the purposes of its own use or for distribution in any dispensary,
hospital or other medical institution maintained by the government or any other dispensary,
hospital or medical institution notified by the government. [Section27 & 47]
TRADEMARK (Mgu exam Feb 2021- 15 marks, 2 marks, Oct 2019 exam 2 marks,)
A trademark is a distinctive sign used by a firm to show that the products or services offered
are originated from a unique source and to distinguish them from the products or services of
other firms. For example, TATA’ name and trademark used by the TATA' group of companies.
A trademark uses the following symbols;
1.TM for an unregistered trade mark
2. SM for an unregistered service mark and
3. ® for a registered trademark
According to the American Marketing Association, "a trademark is a brand or
a part of brand that is given legal protection because it is capable of exclusive appropriation".
A trademark may be a word, name, logo, phrase, image, symbol, design or a combination of
these elements. Trademark is same as brand name. It is a legally protected brand name.
Trademark is the legalised form of brand or brand name'. Usually trademark is a visual
impression of brand name exhibited on a brand.
Trade mark is a legal terminology and brand name is common parlance term. The owner of a
registered trademark can take legal action against any unauthorised use of that trademark. But
an unregistered trademark is eligible to get legal protection within the limits of the geographical
area where it has been used.
NEED AND IMPORTANCE OF TRADEMARK(MGU Janu 2022 exam, 5 marks)
The following points show the importance of trademark in marketing;
1. It is essential to give legal protection to a brand and brand name.
The firm enjoys the exclusive rights over the use of a specified
brand, name, symbol or slogan and can prevent any munauthorised use and imitation of a brand
in the market.
2. It protects the consumers.
The firms are legally responsible for any substandard products marketed by using
trademarks. To a company will work hard to provide best quality products and services to the
consumers.
3. The consumers can clearly differentiate their brands by identifying the trademark and
thereby refuse to accept protect goodwill, duplicates.
4. A trademarked brand gets more acceptance and appreciation from the customers.
5. It increases the authenticity (legitimacy) of a brand.

Types of Trademark
Trademark is logo or combination of characters and numerals used by a company
to claim its ownership on a term or design to represent its products and services. There are
various of types of trademarks which can be registered like product mark, service mark,
collective mark, certification mark, shape mark, sound mark and pattern mark.
Product Mark
Product mark is a mark that is used on a good or on a product rather than on a service. This this
type of trademark is used to recognize the origin of the product and helps in maintaining the
reputation of a business. Trademark applications filed under trademark class 1-34 could be
termed as a product mark, as they represent goods.
Service Mark
Service mark is similar to the product mark but a service mark is used to represent a service
rather than a product. The main purpose of the service mark is that it distinguishes its
proprietors from the owners of other services. Trademark applications filed under trademark
class 35-45 could be termed as a service mark, as they represent services.
Collective Mark
Collective mark is used to inform the public about certain distinguished features of a product
or service used to represent a collective. A group of individuals can use this mark so that they
are collectively protecting a goods or service. The mark holder can be an association or can be
a public institution or can also be a Section 8 Company.
In a collective mark, normally the standards of the products are fixed by the regulator owing
the mark. Others associated with the collective are held responsible to adhere to certain
standards while using the mark
Certification Mark (mgu exam oct 2019 2 marks)
Certification mark is a sign that denotes a products origin, material, quality or other specific
details which are issued by the proprietor. The main purpose of certification mark is to bring
out the standard of the product and guarantee the product to the customers. A certification
mark can also be used to uplift the product’s standard amongst the customers by showing that
the product had undergone standard tests to ensure quality. Certification marks are usually seen
on packed foods, toys and electronics.
Register of Trade Marks (Sec 6) (mgu exam oct 2019 – 15 marks,)
A register on trademarks shall be maintained in the office of trade Mark Registry. All the
registered trade mark shall be entered into this register with name, address and description of
the proprietors, notification and transmission and assignments. The register shows the
names,address and description of registered users, conditions, limitations andother relevant
matters as per rule.
In addition to the conventional form of records the registrar willalso keep soft copies
of trademarks and other information subject tosuch safeguards as may be prescribed in the Act.
A copy of register shall be kept at each branch office of the Trade Mark Registry.

Benefits from Trade Mark Registration

For the registered proprietor
The registered proprietor can stop other traders from unlawfully using his trademarks, sue for
damages and secure destruction of infringing goods and services. For Government. The trade
marks registry is expected to revenue which is continuously on the rise.

Procedure for registration

Trade mark registration can be obtained for word, logo, numerals,slogan, device or more in
India. The process or procedure to get trade mark registration is given blow:-
o Trademark search
Before beginning the process, the entrepreneur must conduct a
trade mark search. This helps to get information about identical or similar trademarks already
filed with registry.
o Trademark Filing
Once the trademarks search is completed, the application for trademarks registration can be
filed with the trademark registrar. It should be in a prescribed manner and filed along with the
fee. The same can be submitted at one of the five trade mark registrar office having jurisdiction
over the state or online. It should contain the following information.
Logo or the trademark
• Name and address of the trademark owner
• Classification of Trade marks class
• Trademark used since date
Description of the goods a or service
o Trademark application allotment
Once the application is filed with the registrar a trade mark
application allotment number is provided with in one or two days.

o Vienna codification
It is an international classification or codification of figurative elements of
marks. Once the trade marks application for registration is filed, the registrar will apply the
Vienna classification to the trade mark based on the figurative elements of marks. The status
of registration while in this process will reflect as Sent for Vienna codification.
o Trademark examination
Once the codification is completed the trade mark registration application will be allotted to a
trademark officer in the Trademark Registrar office. He then reviews the application for
correctness and issue a trademark examination report. The trademark officer has the right to
accept or reject the application. In the case of acceptance, he may allow the trademarks for
publication in journal. If it is objected, the applicant has the right to appear before Trademark
officer and address the objections. If he satisfied with the justifications of the applicant, the
trademarks would be allowed for trademark journal publication.

o Trademark journal publication

Once the application for registration is accepted by the registrar, the proposed trademark is
published in the journal. The trademark journal is published weekly and contains the entire
trademarks that have been accepted by the registrar. Once the trademarks have been published
in journal, the public have an opportunity to object the registration, if the public believe that
they will be damaged by that registration. If there is no objection filed. after 90 days of
publication, the mark will typically be registered within 12 weeks.
If it is opposed by a third party, hearing will be called for by the Trade Mark Hearing officer.
Both the trademark holder and the opposite party have a chance to appear for hearing ad provide
justification for registration or rejection of trademark application. Based on the hearing and
evidence presented, the Hearing Officer will take decision to accept or reject the registration.
The decisions of the hearing officer can be challenged in Intellectual Property Appellate Board.
 o Trademark Registration
When there is no objection or opposition for the trademark application, the trademark
manuscript and trademark registration certificate will be prepared and sent to the trademark
applicant. Once the certificate is issued the trademarks is considered to be a registered
trademark of the owner, granting the trademark owner exclusive use of the mark. The ® symbol
can now be placed next to the logo or trademark.

Duration of Trademarks in India

The term of registration of trademarks is ten years which may be further increased for ten more
years on payment of prescribed renewal fees. Non use of a registered trademark for continuous
period of five years is a ground for cancellation of registration of such trademarks at the behest
of any aggrieved party.

Classification of Goods and Services

The register shall be classified into two for Goods and for service in accordance with
international classification. Any question as to the class in which a particular goods or services
should fall shall be decided by the registrar.

Collective Marks
A collective trade mark is defined in section 2 (g) says that a trade mark distinguishing the
goods or services of the members of group or an Association of Person(AOP) which is the
proprietor of the mark from those of others. The AOP for this purpose is not to include a
partnership under the partnership Act 1932.

Collective Marks not to be misleading

Collective marks are not to be registered if it is likely to deceive or cause confusion among
public, particularly, if it is likely to be taken as something other than a collective mark. Here
the registrar may require that the mark in question should carry an indication that it is a
collective mark to avoid misleading.

Application and Regulation in using collective marks

An application for registration of collective marks has to be accompanied by regulations
governing the use of such collective marks.The regulation must say the person authorized to
use, the conditions of membership of AOP, condition to use the marks, etc.
If the registrar is satisfied with the application and supported documents, he shall accept the
application. The registrar shall also have the power not to accept any application.

Infringement of Proceedings in Collective trademarks

A suit for infringement may be filed by the registered proprietor a collective trade mark. The
court in such a suit to take into account. any loss either actually suffered or likely to be suffered
by an authorized user. Also may give direction as think fit about any pecuniary remedy to the
injured

Remedies for infringement in Collective trademarks

Two types of remedies are available to the owner of trademarks for unauthorized use of his
trademarks. They are:-
(a) An action for infringement in case of registered trademarks and
(b) an action for passing off in the case of an unregistered trademarks.
The former is a statutory remedy and latter is a common law remedy.
In an action involving infringement or an action passing off, the
court may grant monetary compensation for the damages for loss
of business.

Removal of collective trade marks from register.

On the following grounds the trade marks can be removed from the register.

✓ The manner in which the collective trademarks is used by proprietor or authorized user
has caused to mislead the public
✓ The proprietor failed to comply with the regulations governing
to use of the mark.

Certification of Trade Marks

Certification of Trade Marks means a mark capable of distinguishing the goods or services in
the course of trade from goods and services of uncertified marks. In certification trade marks
the proprietor certifies the mark in respect of origin, material, and mode of manufacture,
performance, quality, accuracy, or other characteristics.

The trade marks have to be got registered in respect of those goods or services as per rule in
the name as proprietor of the certification trade mark

Registration of Certification of Trade marks

A mark not to be registered in the name of a person who is carrying on a trade in goods and
services of the kind certified.

Application for Registration of certification

The registrar has to consider the following for granting registration:-

• Whether the applicant is competent to certify the goods in respect of which the marks
is to be registered,
• Whether the draft of the regulation is satisfactory
 • Whether in all the circumstances, the registration applied for would be to the public
advantage.

Well known Trade Marks (mgu exam 2021- 15 marks)

Well known trade mark is defined as a trade mark known by large portion of the public and
that can be immediately recognized as relating to the product and services for which it is used.

History of well known trademarks

Subsequent to implementation of globalization policies, India has opened its doors for foreign
investors. The investors are even permitted the use of their foreign brand names in India.
Resultantly a number of globally well established brands already started with investment
optionsin India.

To address different infringement issues in the market, they relied on the common law or
passing off, as there was no specific provision in the old trade mark for the protection of well
known marks. A new law to handle well known marks and related issues was enacted in 1999

following the requirement protected in GATT. The new act included with the provision that
any trade mark which is well known in any part of the globe can be registered even though the
product is not in Indian market.

The law will undoubtedly increase the interest of the foreign investors to protect their well
known marks in India. A reputed mark can be protected comprehensively in India by our laws.
The big brands can enjoy the freedom of using their well known trademarks without

any anxiety of infringement. There are high chances of elimination of duplicate similar
products from the market and market will expectedly comprised of original products.

The term well known trademarks has been defined in the TM Act 1999 and refers to a mark
which has become so to the substantialsegment for public which uses such goods or service
that the use of such mark in relation to other goods or services would be likely to be taken as
indicating a connection in the course of trade between those goods in services and a person
using the mark in relation to the first mentioned goods and services.

In the Trade Marks Act, the definition of well known trade mark has been provided, But
whether a mark is well known or not, is to be considered on the basis of following criteria:-

✓ The number of actual or potential consumers of the goods or

services.

✓ The number of persons involved in the channels of distribution of

the goods or services.

Importance of well Known Trade Marks

▪ To enhance the foreign investment.
▪ To handle well known marks and related issues.
▪ To maintain the identity of products/services globally
▪ To protect reputed mark comprehensively in India by our laws.
▪ To address the different infringement issues in the market.
▪ To protect the interest of consumers.
▪ To maintain sustainable business promotion.
▪ To build confidence among consumers about quality of product or services.

Examples of well known Trademarks includes: 70'clock (of

Gillette), AIWA (of Sony), BAJAJ (Bajaj Electricals) BATA(Bata India
Ltd), BENZ (of Daimler Benz), GLAXO (of Glaxo India Ltd)
HONDA (Of Honda Motors), etc.