Well-Known Marks Definition, Regulation and Protection

Trademarks and service marks have become indispensable for entities in today`s world as they add value to their proprietors` business and reputation. Thanks to advancements in telecommunication and online advertising technologies, the use and dissemination of these marks have become easier and more widespread. This, however, also had a negative impact on marks, in that, it became easier to take unfair advantage of such marks, even more so, if these are well-known marks.
In line with this, a special protection regime is granted to well-known marks, by national, regional and international legal instruments such as the Paris Convention and the TRIPS Agreement. These have been drafted in a way that confers well-known marks a special position among other marks in the sense that they are held exempt from principles such as the principles of territoriality, class-based protection and the requirement for the mark to be registered to obtain protection, to some extent. This work focuses on what constitutes a well-known mark, how they are exempt, to some extent, from the above principles and how they are regulated and protected in various legal contexts.