WELL KNOWN MARKS AND HALDIRAM’S JOURNEY OF ACHIEVING IT
A mark when satisfies conditions given in Trademark Act becomes eligible for trademark. When a trademark is used for a well known brand and that brand has gained high reputation in a particular geographical area with that trademark, it is eligible for well-known trademark. A well-known mark gives better protection as against traditional trademark, along with several other advantages as evident from the Haldiram’s case were protection was given in an area where business was not even commercialized.
INTRODUCTION
A trademark is a sign or logo designed to represent a brand in marketplace. A product or brand gains recognition through its trademark. When trademark gets wider recognition and to a larger public, it has eligibility to become well known trademark. Well known trademark has been defined in section 2[zg] of the act as “a mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark in relation to the first- mentioned goods or services.”
Well known marks are different from traditional trademarks. Not every business can apply for well known trademark, those brands which are widely popular in India and have earned high reputation can apply and goodwill with time such that people of that general public. It can also be granted by the reason of recognition by courts if proved to have gained popularity and goodwill in a country or abroad. Main reason for applying for well known trademark is that it provides better protection against infringement. Popular companies who which have well known trademarks registered are Mcdonald’s, Google, Amul,etc.
In India, Bisleri was the first well known trademark to be registered. Recently, Haldiram has been recognized as well known trademark by Delhi High Court in a case where Haldiram filed for infringement against selling of Haldiram’s Bhujiya without authorization and to be recognized as a well-known trademark.
Whether a mark is eligible for registration as well known trademark depends on its recognition in the general public. There are other considerations to check for well known trademark eligibility which is given in section 11[6]
1. Knowledge and awareness in a particular area of a that mark
2. Geographical area, duration and extent to which that mark has been used
3. Geographical location, duration or extent to which the trademark has been promoted
4. Registration or request for registration
5. Court’s recognition of the mark as well known.
Advantages in registering well known trademarks
1. Brand Recognition
It provides recognition to the firm as a well-established, distinct, superior and highly reputable brand. Increases the value of trademark.
2. Liberty in registration
A well known mark as opposed to a traditional trademark can be descriptive of its goods or services as it has already earned a distinct identity in the market.
3. Legal Protection
A well known mark gives exclusive right for using the mark for specific goods or devices. It can file civil suit against anyone who uses the mark without authority.
4. Increase in Overall Value
With the help of the mark, the brand will attract more deals due to its goodwill and image shown and can also share the mark to other companies for business, gaining money there as well.
5. Competitive Edge
In a fierce competition, due to a well-known trademark, a brand will be standing at a better position as it has more recognition among public.
6. Trust among customers: A well known trademark will be trusted more than a traditional trademark and creates loyalty among them towards the brand.
7. Recruitment of high-profile employees: An employee will be attracted to work in such a brand due to its image and recognition created by the well-known mark.
Haldiram’s journey towards a well-known trademark
Popular restaurant and snacks manufacturing and selling company, Haldiram was established in 1937 in Bikaner, Rajasthan by founder Ganga Bishan garwal. It was established as a small shop, found remarkable success in 1980’s in other areas such as Delhi and Nagpur, due to its Indian snacks, specially Haldiram Bhujia. Till 1990 it became a big reputable and successful brand in India. It diversified its products, venturing into restaurant chains, selling food products such as varieties of sweets, moong dal, ready to eat food, beverages.
They have delivered high quality products and services, hygiene and use of their unique recipee made played a big role in its success. As it became more and more popular and reputable, nationwide and worldwide it sought the need to register their mark as trademark and so it did. It faced many cases of its trademark been infringed. Haldiram also entered international market with their unique products i.e. Indian snacks for foreign market; It had received adequate success in foreign markets too, slowly becoming well known trademark. It had to fight numerous cases of trademark infringement. Long legal disputes regarding the same were fought against numerous entities using HALDIRAM’S reputation for their personal benefit.
Thus, Haldiram got its well-known trademark recognition in this case by Delhi High Court.
Haldiram India (P) Ltd. v. Berachah Sales Corpn., 2024 SCC OnLine Del 2265
“HALDIRAM BHUJIAWALA” had been used by plaintiff since 1941 both as trade name as well as a trademark. Defendant applied for registration of “HALDIRAM BHUJIAWALA” and HALDIRAM’HOTELS” and “HALDIRAM’S” in class 43 for accommodation, food and drinks.
Plaintiff filed a suit, the court after conducting examinations found that defendant to be adopting identical marks for identical services. Court granted permanent injunction to defendants from using any mark similar or identical to plaintiff’s.
Regarding well known mark, the plaintiff also claimed his right to be protected in West Bengal, where he had no rights to claim. He was granted exclusive right in that area by this court due to its international reputation and huge goodwill. The court recognized plaintiff`s mark as well- known mark. A well-known mark is even protected in areas where no commercial business is being carried out by the said mark.
CONCLUSION
Thus, this judgement again highlighted the importance of well-known marks for big brands. They offer better protection, allow descriptive trademarks to be registered. Well known marks can even be protected in areas where exclusive rights are not available for that particular mark.
