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September 26, 2024

PWS on “Whether the status of a trademark being well-known should be subject to renewal?”

Featuring: Atul Bhatt

During the last PWS session, Atul Bhatt, Associate hosted a discussion on “Whether the status of a trademark being well-known should be subject to renewal?” The session commenced with a discussion on whether should the validity of a mark, once declared well-known, be extended till perpetuity, or should there be any specific duration of its validity. The members then went on to discuss whether the current scheme of the Act has any mechanism to keep in check the same. The members exchanged ideas as to what would be the ideal period, if any, after which the well-known status of a mark should be subject to renewal. The session concluded with the perspective that conferring well-known status in perpetuity is an overreaching privilege and there needs to be a new system which allows periodic renewal of well-known marks.

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