Well Known Marks



Anjali Shekhawat, 4th Year, B.A.LL.B, Rajiv Gandhi National University of law, Punjab




Abstract



Identification/Representation is the key to human life. A child learns by identifying objects and associating them 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.

 
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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

Licensing:

 

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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