Trademarks Abroad - Looking At India
Although we are Canadian Patent and Trademark Agents, we look abroad to see what our international friends are doing in the world of patents and trademarks.
In India there is a concept and register, held by the Indian Patent and Trademark Office, which lists “Well-Known Trademarks”.
While the name itself implies what the register is, there is usually much more to what a name means than what meets the eye.
Our Indian colleagues tipped us off to the case of:
TATA SIA AIRLINES LIMITED v UNION OF INDIA
In this case, Tata – the petitioner and an incredibly large and internationally well-known business – sought the inclusion of VISTARA to be declared well-known mark in the list of Well-Known Trademarks maintained by the Registry.
The Registry contended that a fee was payable upon filing of such a request, while Tata denied that should be the case.
After examining the relevant rules, the Court determined that the prescribed fee was required not only for determination but also for inclusion of the mark in the well-known trademark list.
The Court rejected the petitioner’s argument that the Registry should simply add the mark to the list without additional fees, emphasizing that the Registrar’s workload cannot dictate the fee structure.
In that sense, it is somewhat universal that nothing can be done while engaging a Governmental machine without paying some type of cost.
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Any patents, trademarks, or technologies referenced in this article are owned by their respective owners.
Questions regarding this article can be directed to Tapas Pain.
Pnc IP Group are licensed lawyers and registered patent and trademark agents with a history of serving the greater York Region, greater Toronto area since 2003.
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