A well-known trademark refers to a trademark that, although not necessarily registered in all countries or for all products, enjoys sufficient renown to be widely recognised by the public. This recognition goes beyond mere consumer awareness of the trademark in a particular geographical area or specific sector. It is deemed to have acquired widespread renown, which gives it special protection, even outside the traditional scope of registration criteria.
A trademark’s reputation may stem from its long presence on the market, the intensity of its advertising campaigns, its widespread use, or its reputation for quality. Well-known trademarks are often protected in jurisdictions where they have not been formally registered, because their reputation gives them a sufficiently strong distinctive character to justify extended legal protection.
A well-known trademark enjoys extensive rights, particularly in terms of protection against counterfeiting or damage to its image, even in areas where it is not registered. For example, the owner of a well-known trademark can prevent the registration of another similar trademark, even in classes of goods or services unrelated to those for which the trademark is usually used. This helps combat the risks of dilution or damage to the trademark’s image.
The status of a well-known trademark is often defined by national courts or international agreements such as the Paris Convention for the Protection of Industrial Property. Courts assess the notoriety of a trademark based on several criteria, including the length of time the trademark has been in use, the intensity of its advertising, its market share, and the public’s recognition of its name. A well-known trademark thus has a privileged status in the world of intellectual property, allowing it to benefit from broader protection against unauthorised use.