NAVIGATING INDIAN TRADEMARK LAWS – AN INTROSPECTION OF WELL-KNOWN TRADEMARKS IN INDIA

Abstract

This paper critically analyses the legal code that applies to famous trademarks in the Indian Trade Marks Act, 1999, and identifies gaps and enforcement issues in the legal codes. In as much as the Act acknowledges the term well-known trademarks, as well as establishing protection over them, statistical ambiguities, procedural differences and judicial reliance have caused problems in practice of registration, recognition and enforcement. Based on the laws that were analyzed through the Yahoo! Inc. v. V Coca-Cola, Bisleri, and Rolex SA v. Alex Jewellery- this paper examines how courts have extended and interpreted the protection accorded to trans-border reputation, deceptive similarity and dilution. Among the problems that the study cites include; the lack of a common mechanism of establishing recognition, insufficient preventative measures taken against cross-class infringement, and the non existence of penal measures that act as deterrent to the counterfeiter. The paper bases on doctrinal/ comparative analysis and proffers purpose-specific amendment of critical provisions of the Trade Marks Act to make it uniform, just and more potent in the protection of well known trademarks in India. The results are meant to support the creation of an enhanced protection regime of trademarks that are strengthened, clear, and internationally oriented.