"Zentra", a footwear mark of a Brazilian company, has become well known in India through advertising,…

Article 6bis(1) obliges Union countries, "ex officio if their legislation so permits, or at the request of an interested party", to refuse or cancel registration and prohibit use of a mark that reproduces a mark well known in that country for identical or similar goods. India must therefore refuse the registration and also stop Kiran's use, and registration or use of the mark in India is not a condition. Article 16.2 of TRIPS confirms that knowledge obtained through promotion counts when deciding whether a mark is well known.