mark is a well-known mark in India thereby it enjoys the transborder reputation. In the applications filed by the appellant for registration ... appellant. He also relied upon several documents to claim the transborder reputation by drawing our attention in respect of registration of the mark in various
gained popularity in India but also outside India and has thus acquired transborder reputation through travelling trade and industry.
5. The applicants have been protecting ... Park Hotels & Resorts Inc. v. Westinn Hospitality Services Ltd. considered whether transborder reputation is an important factor in the matter of protection of marks
wherein the learned Judges of the High Court of Madras considered transborder reputation as an important factor in matter of protection of marks. However ... said case with a view to assess the transborder reputation of the impugned mark, the learned Judges took into account numerous prior actions undertaken
fact that there was such a foreign use..................."
While considering the transborder reputation, it is for the appellant to establish by letting in evidence ... trans-border reputation. If the appellant wants to rely upon the transborder reputation, it is for them to furnish the materials such as availability
upper middle income strata of Indian society. Therefore, the plaintiff acquired transborder reputation in respect of the trade mark "WHIRLPOOL
Story by John P. Nichols placed as evidence on the file. The transborder reputation enjoyed by the mark 'WOOLWORTH' is not something
alleged user by the appellant in India has been established nor its transborder reputation established by way of advertisements or affidavits or proof of successful ... reputation established by heavy user or advertisements, or affidavits filed to establish transborder reputation. Learned Counsel, in support of his argument, also submitted that
appellant pleaded that the appellant's mark had attained the transborder reputation.
8. In considering the plea of the learned counsel for the appellant ... regarding the transborder reputation, we are of the view that the appellant has not let in any piece of evidence that their mark
available in India, the appellants are entitled for the benefit of the transborder reputation and as such, the impugned mark ought to have been permitted
Similarly, M/s Shulton Inc is having transborder reputation in relation to the products for which they are holding their registration under three numbers
