Whether the ‘transborder reputation’ of a foreign trade mark has been recongnized in India?

Yes, due to increasing globalization of Trade and Industry, the ‘transborder reputation’ of a Foreign trade mark has recently been recognized by various High Courts in India and the Supreme Court of India. The Indian Trade Marks Act makes no distinction between Foreign and Indian brand names and advertisement of a foreign mark in India is sufficient to establish the user in India.

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