TRANSBORDER REPUTATION OF TRADEMARKS IN INDIA
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DOI:
https://doi.org/10.55662/Abstract
The concept of trans-border reputation has evolved in some of the developed and highly industrialised countries of the world and are based on the concept that even if the well-known trademark is widely used in one or two countries and in other countries the product with the said trademark is not available in the market, even then in the said countries, if someone adopts the similar trademark, the owner of the well-known trademark can bring an action on the basis of trans-border reputation. This concept is nowhere expressly provided in the statutes. On the contrary, Indian Trademark law recognises the regional protection to the registered Trademark. That is to say, that a particular trademark can be registered and its protection can be confined to a particular region and the owner of the trademark cannot seek further protection in other region, even if his trademark is infringed in other regions. A trademark which is not used or adopted in India may be said to be a well-known trademark in other countries. But, the owner of the trademark cannot bring an action on the basis of the said trans-border reputation.
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