The Necessity of Well-Known Mark Protection in Trademark Law: Balancing Recognition and Regulation

Abstract

In the globalized economy, where brands transcend borders and exert influence far beyond their country of origin, the protection of well-known trademarks has emerged as a critical concern. These marks, recognized across diverse markets, hold substantial goodwill and consumer trust, which can be easily eroded through misappropriation or dilution. This paper examines the necessity of providing special protection to well-known marks, focusing on their legal definition, justification for protection, and the mechanisms adopted in India and internationally. It further analyzes the potential downsides of overprotection, such as monopolization and suppression of market competition. Drawing upon statutory provisions, international treaties like the TRIPS Agreement and the Paris Convention, and landmark judicial decisions, the paper argues for a balanced, criteria-based framework for protecting well-known trademarks—one that upholds their reputation without undermining market fairness and innovation.