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Mint
07-08-2025
- Business
- Mint
Mint Explainer: From Taj to Nutella, why more brands are racing for the ‘well-known' trademark tag
The Delhi high court recently declared Nutella, a globally loved chocolate spread, a 'well-known trademark" in India. This recognition is more than a nod to popularity. It's a legal safeguard to protect the brand's identity, reputation, and consumer trust from misuse and counterfeiting. Nutella now joins the ranks of elite names such as Haldiram's, Peter England, Taj Hotels, and the likes of late Ratan Tata, who received this level of protection under Indian trademark law. Mint explains why more brands are moving courts for the 'well-known' tag and how they use it. The Nutella case and what prompted the court to step in The Nutella verdict on 28 July followed a 2021 raid that uncovered nearly 1 million counterfeit Nutella jars in India. The packaging closely mimicked the original, posing health risks to consumers, especially children. The court highlighted Nutella's global use since 1964, its Indian market presence since 2009, strong sales, and heavy advertising investment ( ₹16 crore in 2022–23). Justice Saurabh Banerjee awarded ₹30 lakh in damages and a permanent injunction, emphasising the need for high diligence in food-related IP cases. What does the 'well-known" tag mean in trademark law? Under trademark law, a 'well-known" mark is one that's recognised by the general public beyond its specific industry. For example, 'Taj' isn't just associated with hotels—it signifies luxury and heritage. The designation offers expansive protection, enabling brand owners to act swiftly against infringers, even in unrelated sectors. This concept has international roots, anchored in treaties like the Paris Convention (Article 6bis) and TRIPS Agreement (Article 16), which obligate member countries to provide special protection to well-known marks. To support implementation, the World Intellectual Property Organization (WIPO) issued a joint recommendation that outlines best practices for countries to follow. In response, many jurisdictions, including India, have created well-known mark registries that provide formal legal recognition and enforcement mechanisms in line with WIPO's guidance. Why the rise in applications now? Brands today aren't just reacting to infringement, they're getting proactive. Legal experts say the sharp rise in applications is driven by the digital commerce boom, rising cases of counterfeiting and piracy, and the judiciary's evolving understanding of brand equity. 'It's really about how brand value and IP have become central to business strategy, especially in an age where online infringement, counterfeiting, and cybersquatting are growing threats," said Alay Razvi, managing partner at Accord Juris. 'Companies are becoming far more proactive in securing this extra layer of legal protection." A major turning point came with the 2017 amendment to the trademark rules, which introduced Rule 124. Prior to that, only courts or tribunals could grant 'well-known" status, typically during litigation. Rule 124 allows brand owners to independently apply to the registrar of trademarks by submitting evidence such as sales data, advertising expenditure, and media coverage—along with a prescribed fee. This removed the need for legal proceedings, making brand protection faster and more accessible. 'With increased digital trade, cross-border reputation, and the 2017 trademark rules streamlining the recognition process, well-known status has become a strategic tool, not just a legal accolade," said Ankit Sahni, partner at Ajay Sahni & Associates. 'Courts are also increasingly responsive to the idea that certain brands enjoy trans-border goodwill that merits expansive protection across unrelated categories," Sahni added. India's rise in filings reflects this shift. In 2024, the country ranked third globally in trademark filings, with nearly 5.4 lakh new applications, closely trailing the US at just under 5.7 lakh. How does it help brands? Trademark experts say this status brings tangible commercial advantages. It allows brands to command higher royalties, stronger bargaining power, and faster legal remedies. 'In the commercial realm, the fortified legal status allows the brand owner to command premium pricing power, including higher royalty rates and franchise fees from partners. This gives the brand owner a stronger bargaining position during negotiations," said Swati Sharma, partner (head - Intellectual Property) at Cyril Amarchand Mangaldas. The tag significantly boosts enforcement, especially online, said Sonal Madan, partner at Chadha & Chadha IP Law Firm. 'Online intermediaries tend to act faster when takedown requests come from well-known brands," she noted. 'This quicker response helps prevent misuse and strengthens brand protection on the internet." Sahni added that the well-known status not only strengthens dilution claims and speeds up injunctions, but also acts as a psychological deterrent. 'It creates a chilling effect, making infringers think twice before taking on a legally fortified brand." The role of dynamic injunctions Well-known trademarks are increasingly being used alongside dynamic injunctions, a powerful judicial tool that allows brand owners to preemptively block mirror websites and repeat infringers without returning to court repeatedly. The Delhi high court has led this evolution. For example, JioStar was granted a dynamic injunction to prevent illegal streaming during the India Tour of England 2025. Fashion designer Rahul Mishra received similar protection for his brand. Other recipients include Gameskraft, Baazi Group, Culver Max (Sony), and Zee Entertainment, with courts ordering domain blocks and proactive safeguards. 'This synergy makes it easier and quicker to secure injunctions for digital enforcement, including domain name blocking," said Swati Sharma of Cyril Amarchand Mangaldas. 'The legal framework is also bolstered by a physical barrier—customs enforcement. Brands that record their marks with Indian Customs empower port authorities to seize counterfeit goods before they enter the market." Is there a risk of overuse? Yes. As more brands seek this elite status, experts warn of potential misuse. Some companies may use the 'well-known" label to pressure smaller businesses or stifle fair competition, even in unrelated product categories. 'The registry and courts are being cautious," said Madan of Chadha & Chadha IP Law Firm. 'The aim is to protect genuine goodwill, not weaponize IP to shut down legitimate players." While the tool is powerful, checks are in place. As filings rise, so does the scrutiny, ensuring only truly deserving brands receive this legal recognition.
Time Business News
30-07-2025
- Business
- Time Business News
Trademarks and Their Protection in the Middle East
Every year, trademarks are immensely valuable to companies all around the globe. To put it bluntly, they do more than identify the source of goods and services; they also convey an indication of distinctiveness, reputation, quality and brand. In the Middle East, trademark protection is developing from international trade, trade initiatives and growing operational creativity in the region. If you are at point zero for your new business or you are a seasoned brand, you must speak with a trademark attorney in Jordan or the region in order to properly protect your intellectual property. A trademark can refer to legal protection over words, symbols, logos, phrases, or combinations of these that identify and distinguish goods or services of one entity from all others. The trademark law in the Middle East differs from country to country, but the sacred covenant of trademark law is relatively similar for the most part in the Middle East, with most regional countries adhering to international treaties or agreements, including the Paris Convention and the TRIPS Agreement. Each country in the region – Jordan, Saudi Arabia, UAE and Egypt – has its own national trademark laws – registration, enforcement, and litigation. However, because of economic integration, regional and overseas influences, some of these laws have commonalities which assist – fulfilling cross-border business. It is essential to find a legitimate trademark attorney in Jordan if you are doing business in Jordan. Jordan's legal system is comparatively developed regarding intellectual property rights, and the Ministry of Industry, Trade, and Supply governs the registration and enforcement of trademarks. A trademark lawyer in Jordan can help you with: Conducting trademark searches to confirm that your brand name, or logo, isn't confusingly similar to existing trademarks. Filing a trademark application. Responding to an objection or opposition from a third party. Acting on your behalf in enforcement or litigious action against infringers. Renewing your trademark so that you are continuing to be protected. A lawyer local to Jordan, with knowledge of the subtleties within the Jordanian trademark system can facilitate a trademark application while making sure to protect your rights within Jordan and possibly in regional markets. The Middle East is a diverse region with a mixture of legal systems, from civil law to Islamic law systems. Regardless of these variations, some governments have developed strong intellectual property systems which allow for strong trademark protection. For example: UAE: The UAE has a formal and tangible registration system where trademark registration is executed and issued by the Ministry of Economy. The UAE has a formal and tangible registration system where trademark registration is executed and issued by the Ministry of Economy. Saudi Arabia: Saudi Arabia has trademark law that is overseen by the Saudi Authority for Intellectual Property (SAIP). Enforcement has significantly improved in this country, resulting in lasting enforcement and many raids on infringing businesses. Saudi Arabia has trademark law that is overseen by the Saudi Authority for Intellectual Property (SAIP). Enforcement has significantly improved in this country, resulting in lasting enforcement and many raids on infringing businesses. Egypt: Law No. 82 of 2002 formally established the Egyptian Trademark Office as a governmental agency for the purposes of trademark registration. Law No. 82 of 2002 formally established the Egyptian Trademark Office as a governmental agency for the purposes of trademark registration. Qatar and Oman: They have a working trademark registration system and are also signatories to international intellectual property rights. Selecting the best trademark lawyer in Jordan involves more than just credentials. Look for someone who has: When registering a trademark in Jordan, the Ministry of Industry and Trade – Trademark Department requires the applicant to publish an announcement regarding their trademark in the Official Gazette and daily newspapers. This is to allow the original trademark owner to object if the announcement includes a copied or similar trademark. Al-Abadi Law Office is the best law firm in Jordan for trademark protection, as it is the only firm that utilizes an electronic system to monitor advertisements related to the trademark being registered. This system tracks similar and counterfeit trademarks that may conflict with the trademark Al-Abadi Law Office has been assigned to protect. This electronic program has proven its effectiveness in safeguarding trademarks and monitoring imitations — especially given that there are legal deadlines for objections, and missing them could result in losing the right to oppose a counterfeit trademark. When working within the region, it is important to find the best trademark attorney in the Middle East. This type of legal professional should be: Fluent in Arabic and English to deal with cross-border filings. Familiar with the laws and processes in various Middle Eastern countries. Connected with a network of legal professionals or firms in other jurisdictions. Aware of international IP treaties and conventions in effect in the region. An experienced trademark lawyer based in the Middle East could possibly use regional treaties in the Gulf Cooperation Council (GCC) Trademark Law, which makes the registration process easier in member countries, allowing you to save money and rapidly protect your brand! Registering your trademark is only the beginning of protecting your brand. You need to enforce your mark in order to ensure that no one is improperly using it, or benefiting from the goodwill of your brand. A trademark attorney in Jordan can help you monitor unauthorized usage and take the appropriate legal steps as follows: Sending cease and desist letters. Filing administrative complaints. Pursuing litigation or arbitration. Working with customs to prevent the import of counterfeit goods. Likewise, enforcement is vital across the Middle East, as there are counterfeit markets in operation with continuing expansion, despite some improvement in IP awareness. The best trademark lawyer in the Middle East will secure timely legal actions and will assist with enforcement officials in every country. As more Middle Eastern markets open up to the global marketplace, we are seeing foreign companies seeking trademark protection in the region. Whether you are a domestic company looking to take advantage of your international expansion, or a foreign investor looking to enter the Middle East, you must now have a regional legal strategy in place. A trademark attorney in the Middle East can also help you verify that your trademark rights are valid under domestic law and under any applicable international treaty (such as the Madrid Protocol, which permits trademark applications in multiple countries through a single application). Trademark registrations not only give you a legal tool, at times they can also exist independently as a valid business asset. As the Middle East landscape matures from being more competitive and brand dependent, staying on-top of protecting your trademarks is essential for protecting your business identity and your business reputation. Engaging with a trademark lawyer is the best way to ensure your intellectual property is properly identified, legally protected and positioned for the possible best future growth. TIME BUSINESS NEWS
