well known trademark
Understanding well-known trademarks application in India
In 1977, the Whirlpool Corporation (hereinafter, “Whirlpool Corp.”) failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. While Whirlpool Corp. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their…
Delhi High Court declares Cult Streetwear Brand 'Supreme' red-box device mark as a Well-Known Trademark in India
Charter 4 Corp, the plaintiff, claimed to have adopted the 'Supreme' mark back in 1994 in the United States and had been using it in India since 2006, gaining popularity among Indian customers. The company boasted over 700 global registrations for the mark 'Supreme', and they had also filed…
Affidavit Not Mandatory for Granting Well-Known Status to Trademarks in India
Kamdhenu Limited filed an appeal against a decision of the Registrar of Trademarks, who had dismissed their application to have their trademark 'KAMDHENU' included in the "List of Well-Known Trademarks." The Registrar's rejection was the absence of an affidavit along with the supporting evidence to…
The H Device of HERMES International has been declared a well-known trademark by the Delhi High Court
In a trademark infringement suit filed by Hermes International, one of the prayers by HERMES is that the mark of Hermes is declared as a well-known trademark within the meaning of Section 2(1)(zg) of The Trade Marks Act, 1999. The Trade Marks law sets out five factors which are to be taken into…