The Delhi High Court has allowed the petition filed by Hermes, a french luxury brand to declare its popular 'H' mark as a well-known trade mark within the meaning of Section 2(1)(zg) of the Trade Marks Act, 1999.
The single-judge bench of Justice C Hari Shankar observed that the material placed on record satisfies the criteria enumerated in section 11(6) of the Trade Marks Act, read with Section 11(7), which sets out the factors which are to be taken into consideration by the Registrar while determining whether a mark is a well-known.
The Counsel for Hermes drew attention of the Court to the reference, “relevant section of the public” under Sections 11(6)(i) and 11(7) of the Trade MarsAct 1999 and pointed out that knowledge or recognition of the trade mark is required to be assessed vis-à-vis the relevant section of the public.
In a case where goods in question are intended to cater to a specific section of the public, he submitted, that the knowledge or recognition of the trade mark for the purpose of Section 11(6)(i) and 11(7) has to be vis-à-vis that section of the public.
In the present case, he submitted, as the product is specific to the fashion industry, and the material that he has placed on record indicates that the criteria numerated in Clauses (i) to (v) of Section 11(6) stand satisfied with respect to the renown of the mark in the fashion industry, the mark is entitled to be certified as a wellknown trade mark.
The Court concurred with his submission and allowed the petition.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend!
We are a non-profit organization. Help us financially to keep our
journalism free from government and corporate pressure .
0 Comments