India jurisdiction report: Protection of well-known trademarks

The growth of businesses and brands has ushered in a proactive approach that aids multinational companies in protecting their well-known trademarks in India against infringement and passing off by third parties.

This facet of trademark law pertaining to recognition and protection of well-known marks carrying trans-border reputation has been the subject matter of judicial scrutiny by IP courts in India from time to time in the context of infringement and passing off actions.

In order to harmonise national trademark laws with its international obligations under the Paris Convention dealing with protection of well-known trademarks, the Indian Trademarks Act, 1999 gives statutory recognition to the principle of well-known trademarks.