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Trans-Border Reputation Tag

BananaIP Counsels > Posts tagged "Trans-Border Reputation"

Trans-border Reputation of Well Known Marks – Part IV

This image depicts several well known brand logos such as McDonald's and Coca-Cola. This post is about the transborder reputation of well known marks. Click on the image to read the full post.

This post was first published on 7th July, 2014.   Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation. To claim Transborder reputation for a mark in India, the mark must be well known in at least one other country, but preferably several other countries. In addition to this, a substantial...

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