mark whether with or without any indication of the identity of that person, and includes a certification trade mark or collective mark; (zc) “transmission” means ... Chairman” means a Vice-Chairman of the Appellate Board; (zg) “well-known trade mark”, in relation to any goods or services, means a mark which
well-known trade mark, any of the following, namely:— (i) that the trade mark has been used in India; (ii) that the trade mark ... trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known
Section 9 in The Trade Marks Act, 1999
9. Absolute grounds for refusal of registration.—
(1) The trade marks— (a) which are devoid ... result of the use made of it or is a well-known trade mark. (2) A mark shall not be registered as a trade mark
well-known trade mark, any of the following, namely:—
(i) that the trade mark has been used in India;
(ii) that the trade mark ... trade mark or right to use that trade mark on the ground that such trade mark is
identical with or similar to a well-known
Defensive registration of well-known trade marks.
(1) Where a trade mark consisting of any invented word has become so well-known as respects ... connection in the course of trade between those goods and a person entitled to use the trade mark in relation to the first-mentioned goods
well -
known trade mark, any of the following,
namely:--
(i) that the trade mark has been used in India;
(ii) that the trade mark ... trade mark or right to use that
trade mark on the ground that such trade mark is
identical with or similar to a well -known
Marks Act that where a mark is a well known mark, a subsequent
adopter cannot use the said mark or any other similar mark ... goods for which the earlier trade
mark is registered, if the said earlier trade mark is a "well known trade
mark" in India
mark VISTARA®
to be a well-known mark is causing insurmountable
prejudice to the Petitioner. Inclusion of a mark in the List of
Well-Known ... List of Well-
Known Marks', as opposed to request for determination of
the mark as a well-known mark. Perusal of entry
with the earlier trade mark.
(2) A trade mark which -
(a) is identical with or similar to an earlier trade mark ... rights in
that trade mark; in particular, the extent to which the trade
mark has been recognised as a well-known trade mark
mark is a well known mark. Therefore, the petitioner has miserably failed to establish that the petitioner's mark is a well-known trademark ... were i)the trade mark should consist of any invented word, ii)the trade mark should have become so well-known as respects any goods
