• ISHANEE RAUL
• RAJ BHOJANI

Well-known marks are those marks which are not registered under the act governing Trademark Act of particular countries. They are called as famous marks in some countries. Well-known mark as a concept was recognized for the first time under Paris Convention, 1883. Such marks’ protection became stronger after the formation of WIPO and countries becoming a member to the TRIPs agreement. Well-known marks are those marks which are usually unregistered in nature, but have gained goodwill. They are protected through the process a common law remedy called passing off. However, providing protection to well-known or famous marks can prove disadvantageous to the domestic users who may have the same name without intending to copy the famous mark. Still, the reality is that the famous marks when go beyond their territory and enter a country for example India as well-known mark, they start off by filing suits on number of domestic companies who might have gained domestic goodwill. This results in a loss for the domestic users who might be a prior honest user. This loss can be categorized as social loss because the domestic users lose the goodwill they had procured and economic loss as the judiciary can interpret the law, conventions strictly and favor the famous marks’ entrance and make the domestic users pay heavy monetary compensation to the plaintiff. This paper aims to understand the evolution of well-known mark as a concept and provide vital information which one needs to understand a well-known mark. It further tries to analyze if there are any provisions to protect the prior honest users with reasons. In totality the paper will range from evolution to the registration of a mark as a well-known mark and cases of passing off.

Well-known mark, WIPO, Paris Convention, Prior honest user

"Well-known Mark & Famous Mark", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 5, page no.709-719, May-2019, Available :http://www.jetir.org/papers/JETIR1905S08.pdf

"Well-known Mark & Famous Mark", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 5, page no. pp709-719, May-2019, Available at : http://www.jetir.org/papers/JETIR1905S08.pdf