• Well Known Marks

    Editor(s):
    Nyaay Shastra (see profile)
    Date:
    2021
    Item Type:
    Article
    Permanent URL:
    http://dx.doi.org/10.17613/v5bq-2726
    Abstract:
    Identification/Representation is the key to human life. A child learns by identifying objects and association that with sounds/actions/images. The subject of Trademarks thrives on a similar idea. People relate to services/commodities with logos/marks/images presented by the proprietors to represent their business. The fundamental principle of trademark protection has been to safeguard the rights of extensive and established user of a mark who represents his business by that mark, so as not to cause him any harm due to deceptiveness by others. So the basic thing would be that once a mark is taken up for business by one it should not be used by another but obviously the matters in real world are not that easily decided. To achieve simplicity in this area, the idea of prior use, well known mark, goodwill, etc. have been introduced in trademarks law. Once a mark is declared well-known; no other can copy it or adopt a deceptively similar mark in any of the class of goods or services.
    Metadata:
    xml
    Published as:
    Journal article     Show details
    Publisher:
    NyaayShastra
    Pub. Date:
    10-11-2021
    Journal:
    Nyaayshastra Law Review
    Volume:
    2
    Issue:
    1
    ISSN:
    2582-8479
    Status:
    Published
    Last Updated:
    2 years ago
    License:
    All Rights Reserved
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