substantial so as to satisfy the
tests as enunciated in relation to transborder or worldwide reputation.
It was further urged by the respondents that ... being
liable to be granted.
19. Controverting the assertions with respect to transborder
reputation, the respondent averred before the learned Single Judge that
famous trademarks need not be confined to national territorial boundaries and that
transborder reputation of such marks is recognized by Indian Courts, for the purpose ... sales figures, worldwide, to establish a "spill over" or "transborder"
reputation.
23. Internationally, it is accepted that trademarks, are recognized
India and there have been significant judicial precedents on the question of transborder or spill-over of international reputation, notwithstanding the fact that India ... plaintiff-who was not selling in India - could claim the benefit of transborder reputation in trade mark "WHIRLPOOL" so as to maintain
substantiate its
claim of reputation of the mark in India or even transborder/global
reputation; the mark in question was a composite mark/label ... mark in India). This case recognizes and endorses the
principles of transborder and worldwide reputation. The case
categorically holds that "... The mere fact that
malaysian company to open new outlets in various countries. The obvious transborder reputation which the plaintiff has built-up calls to be protected ... Singhvi, learned Senior Counsel for the defendants, contended that transborder reputation cannot be relied upon without regular business activity in the country. Since the plaintiff
agent in India. As such, he submits that the
petitioner was enjoying transborder reputation in India even as far
back as in January ... analysing the material cited by Mr. Kirpekar to substantiate
his case of transborder reputation of the petitioner‟s mark in India, I
am unable
primary source of investor confidence and satisfaction. The concept of transborder reputation established by the various judicial precedents applies to those goods and/or services ... absurd on the part of the plaintiff company to have claimed any transborder reputation in a service mark which does not attract even basic requirement
user by the petitioner Company, there cannot be
any goodwill or transborder reputation in respect of the aforesaid
trade mark in India.
5.6 The petitioner ... impugned trade mark „Hypnos‟ is a
„well-known trademark‟ and carries transborder reputation, which has
spilled over to India, the IPAB dismissed the rectification petition
countries across 4 Continents. Products under the CARLTON
marks had acquired transborder reputation in India by 1994 by virtue
of the fact that travellers from
user by the petitioner Company, there cannot be
any goodwill or transborder reputation in respect of the aforesaid
trade mark in India.
5.6 The petitioner ... impugned trade mark „Hypnos‟ is a
„well-known trademark‟ and carries transborder reputation, which has
spilled over to India, the IPAB dismissed the rectification petition
