Declaration as well known mark
The Hon’ble High Court of Delhi , in Levi Strauss and Co. v. Interior Online Services Pvt. Ltd. [CS (COMM) 657/2021, decision dated 24th March 2022], granted the status of “Well known “status under Section 2(zg) and Section 11(6) of the Trade Mark Act, 1999 to the Plaintiff’s ‘Arcuate Stitching Mark’ keeping in view the extent of reputation in the mark and also it serves as a unique identifier in respect of the goods of the Plaintiff, independent degree of recognition also the mark of the Plaintiff has acquired secondary meaning due to extensive use. One may file an application before the Hon’ble Court for declaration as well known mark based on its extensive use distinctive character and its reputation.
In Hermes International v. Crimzon Fashion Accessories Pvt. Ltd. [2023 SCC OnLine 883], wherein the factors outlined by the ld. Single Judge under Section 11(6) of the Trade Marks Act, 1999, which would be relevant for declaring the mark as well- known, are as follows:
“(i) The knowledge or recognition of that trade mark in the relevant section of the public, including knowledge in India obtained as a result of promotion of the trade mark.
(ii) The duration, extent and geographical area of any use of that trade mark.
(iii) The duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies.
(iv) The duration and geographical area of any registration of, or any application for registration of that trade mark under the Trade Marks Act to the extent that they reflect the use or recognition of the trade mark.
(v) The record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well known trade mark by any court or Registrar under that record.”
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