A well-known trade mark has been mentioned under section 2(1)(zg) of the Trade Mark act 1999 . When any mark becomes so notable in public use in relation to goods or services it is recognized as a well-known trade mark.
But as trade and commerce of the world are increasing and getting connected through digital media, the chance of trade mark infringement has been enlarged exponentially.
In the recent case of Hermes International & Anr Vs Crimzon Fashion Accessories Pvt, Delhi high court has recognized the “H” Style logo of the French Luxury Footwear brand as a well-known trade mark.
Section 11(6) has defined the criterion of how well-known trade marks should be recognized in the public domain such as knowledge and recognition of that trade mark in relevant sections of the public and knowledge in India has been received through the promotion of trade mark.
Section 11(7) defines no potential customer of that trade mark in India and the number of persons involved in the distribution of that good and services of that trade mark.
While observing the above-mentioned definition of a well-known trade mark Justice C Hari Shanker has delivered its verdict in favour of Hermes International and restrained Crimzon Fashion Accessories from using the said well-known trade mark of Hermes International.
In cases such as Carrefour vs Subburaman (2007), the court has given various parameters on how the registration of trade marks under section 11(2) can be denied to a party or person on the relative ground under the Trademark Act 1999.