Chapter Ⅰ Introduction 1
Chapter Ⅱ A Brief Historical Overview-Trademark 5
1.History of"Trade Mark" 5
2.Development of Trade Mark Law in England 9
3.Development of Trade Mark Law in India 16
4.International treaties over trademark protection 23
A Paris Convention for the Protection of Industrial Property(1883) 23
B Madrid Agreement concerning the international registration of marks (1891) 25
C The Madrid Protocol (1989) 27
D The Trademark Law treaty (1994) 28
E TRIPs Agreements (1995) 29
Chapter Ⅲ Meaning and Concept of "Trade Mark" and "Well-Known Trade Mark" 33
1.Meaning and Concept of"Trade Mark" 33
A Statutory definition of Trade Mark 35
B Essential features of trade marks 36
"Collective Mark" and "Certification Trade Mark" 46
2.Meaning and Concept of Well known trade mark 49
A Special characters of the well-known trade mark 51
3.Function of Trade Mark 51
4.Economic value of Trade Marks 53
Chapter Ⅳ Recognition and Protection of Well-known Trade Mark under International Treaties 56
1.Paris Convention 56
2.TRIPs Agreement 59
A Criteria of recognition of well known mark 62
B Relevant Sector of the Public 63
C Factors not to be considered 64
D Inference of bad faith 65
Chapter Ⅴ Recognition and Protection of Well-known Trade Mark in India 66
1.Recognition of well-known trade mark and Protection given to it under the Trade Mark Act-1999 66
A Determination of a 'well-known trade mark' 66
B Protection given to a well-known trade mark 70
2.Recognition under case law 77
Chapter Ⅵ Implications of Recognition of Well-known Trade Mark 98
A Technology Transfer 99
B Foreign Investment and Industrialization 100
C Encouraging 'Brand Competition 101
D Promoting advertising industries 101
E Preventing Free-Riding 102
F 'Counterfeit Economy' not in the national interest 102
G "Exhaustion Doctrine" and Problem of"Parallel Import" 103
H Encouraging innovative activities 105
I Quality control not mandatory for proprietor 105
J Licensing without quality control-No action against proprietor 106
K Appeal of Foreign Trade Marks and quality control 107
L Goodwill of trade mark and the license 108
M The problem of Coca-Colonization 108
N Criteria of Well-known trade mark: strong for domestic traders 109
Chapter Ⅶ Conclusion and Suggestions 110
Bibliography 118