The extensive commercial use along with a well-known status on paper gives someone the exclusive rights to be a proprietor of one’s own Surname or even Name, over Others. For example, suppose your surname/name starts or ends with Tata or Trump or Sony or Gucci or Ambani or similar known alike; and you decide to launch your own products or services with your surname/name, anticipating that you’re merely using your own surname/name for its commercial exploitation & have an exclusive rights to do that & further not being in any case infringing/passing off any said surname/name as mentioned supra, which have already acquired a well-known status on paper. Well, you can’t do that & would basically end up infringing/passing off the above trade marks/trade names aka well-known surnames/names.
Reason -> If a Name or Surname acquires a well-known status amongst traders and consumers, for its goods or services, in normal course of life, & further for a long period of time; then any other individual can’t use those for their own goods or services, even if that other individual shares the same surname/name. And further, let’s presume, you’re kindred or part to the same Clan or Family of above mentioned surnames/names; then too, you cannot, unless it’s proven that you were/are part or associated with the said trademarks/trade names (in goods or services) and you acquired the rights for its individual use either via Splitting of the mark, or, via any Will/Assignment/Mutual Agreement /License.
Furthermore, it’s NOT as easy to acquire a well-known status on any Trademark on paper. Even to prove it, is difficult. Merely being known everywhere is Not enough. A substantial usage & commercial exploitation for both goods & services over a long period of time needs to be proved across states/nations/continents!🧐
© Pranav Chaturvedi
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