High Threshold for Evidence in Recent Cases to Prove Trans-Border Reputation of Trademarks in India

According to the principles of transborder reputation, it exists when a trademark gains reputation across the border or beyond the territorial limits of the geographical region through promotions, commercial publicity, advertisements, and its market presence at large. Distribution of information about a product’s trademark through advertisements and publicity in media amounts to the use of a trademark even if the advertisement is not combined with the actual presence or use of the product in the market.

Read the article (pdf) >>