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Microsoft declared well-known mark in India

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Soma Tah
New Update

NEW DELHI, INDIA: "Microsoft" has been declared a Well-Known mark in India through an ex-parte judgment delivered by the Delhi High Court on February 3, 2014.

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According to World Intellectual Property Organization (WIPO) well-known trade and service marks enjoy protection against signs which are considered a reproduction, imitation or translation of that mark provided that they are likely to cause confusion in the relevant sector of the public.

Well-Known marks are usually protected, irrespective of whether they are registered or not, in respect of goods and services which are identical with, or similar to, those for which they have gained their reputation. Microsoft as a trade mark is a well-known mark across the world.

With this order, Microsoft as a mark is now included in an elite list of well-known brands maintained by the trade mark registry in India such as Tata and Whirlpool. This means that from now on, any request for registration of the mark Microsoft by any other person or company other that Microsoft Corporation will be automatically rejected not only with respect to computer or software products but for any other class of goods.

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