Determination of Well- Known Trademark

 Determination of Well-known Trademark

1. The public is well aware of the trademark-

It is critical to be recognised by a large number of people in order to be considered a well-known trademark. Before determining whether a mark is well-known, the trademark registrar must consider the number of consumers who use that trademark's goods and services. Customers' knowledge of a well-known trademark is also influenced by advertisers, manufacturers, and other entities involved in making the trademark well-known. As a serious factor, evidence is required to see the reputation and demand.

2. The use of a well-known trademark is required.

In the case of Mrs. Ishi Khosla v. Anil Aggarwal, the High Court of Delhi ruled that a product's trademark can become popular among consumers overnight, depending on demand and advertising and promotion of the product.

As a result, a time limit is not required. As a result, the term of use was determined by these precedents.

3. Promotion of a Well-Known Trademark-

In the case of Whirlpool Co. & Anr vs N.R. Dongre, the defendant company was manufacturing and selling its products under the well-known trademark "Whirlpool," the company was selling those machines illegally at a cheaper quality and cheaper rates, even though that trademark wasn't being used in India, it was held that because of the trans-border reputation of that trademark, it'd be wrongful and infringement of their exclusive rights to achieve unlawful profits.