In the field of industrial property, well-known trademarks hold a special status. Their prestige, recognition, and symbolic market value grant them enhanced protection compared to ordinary trademarks. But what legal grounds support this special protection?
1.The Recognition of Well-Known Status.
A well-known trademark is one that is recognized by a significant portion of the public or the relevant sector, even if it is not registered in a specific country. Its reputation is built over time through advertising, product or service quality, and consumer trust.
The key criterion for determining a trademark’s well-known status is not its registration, but the level of public recognition it has achieved. This is demonstrated through surveys, sales data, advertising campaigns, and media presence.
2.Principle of Protection Against Unfair Advantage.
The main legal basis for protecting well-known trademarks is to prevent the unfair exploitation of another’s reputation. The law aims to stop third parties from benefiting from the renown of a well-known trademark to attract customers or mislead the public, even when the goods or services are different.
That is why the protection of a well-known trademark goes beyond the Nice Classification, safeguarding the mark even against registrations in different sectors if there is a risk of dilution, confusion, or harm to the mark’s reputation.
3. The Principle of Good Faith in the Market.
The protection of well-known trademarks is also grounded in the principle of good faith, a cornerstone of commercial law. No one may legitimately register or use a sign identical or similar to a famous trademark with the intent to gain an unfair advantage or harm its reputation. Based on this principle, the competent authority may deny registration or even cancel it if bad faith is proven.
4. International Harmonization.
International treaties—such as the Paris Convention (Article 6bis) and the TRIPS Agreement—establish obligations for states to protect well-known trademarks, even if they are not registered. This ensures global protection of commercial reputation and strengthens legal certainty for major brands in international markets.
5. Protection Under Dominican Law.
In the Dominican Republic, Law No. 20-00 on Industrial Property recognizes well-known trademarks and grants them special protection. Article 80 and subsequent provisions empower the National Office of Industrial Property (ONAPI) to deny registrations that may affect a well-known trademark, protecting it against acts of unfair competition and the risk of dilution.
In conclusion, the protection of well-known trademarks not only safeguards business interests but also protects consumers and preserves fairness in the marketplace. This protection is grounded in principles of justice, good faith, and market balance, ensuring that the prestige and reputation built through effort are not subject to abuse or improper imitation.