IMPACT OF WELL-KNOWN TRADEMARK AND ITS EXCEPTIONS FOR USAGE

Abstract

The concept of a "well-known trademark" has gained global significance with the expansion of international trade and cross-border commerce. Recognized for their exceptional reputation and commercial influence, well-known trademarks receive protection even without registration in every jurisdiction. However, this special protection is not without limits. Legal systems provide certain exceptions where third-party use of such marks may not constitute infringement. This paper explores the jurisprudential development of well-known trademarks, the legal framework governing them, and the exceptions to their use under various national and international legal systems. The analysis is supported by key case laws that illuminate both protective mechanisms and permissible uses. The paper concludes by discussing the delicate balance between protection of intellectual property rights and the principles of fair use and competition.