What are requisite for establishing trans-border reputation

The Supreme Court finally established the law related to the transborder reputation in the case of Milmet Oftho Industries & Ors. Vs. Allergen Inc. (2004) 12 SCC 624, by giving the view, "the mere fact that the respondents have not been using the mark in India would be irrelevant if they were first in the world market” 

With the rapidly growing international trade, where physical frontiers are no more a restraint and the products are widely available in every country of the world, it is important to recognize the transborder reputation attached to the products of an international company. 

Indian Courts through their various decisions have protected the intellectual property of foreign companies, even if the products are not available in India. But still it is advisable that the foreign company should register their products under different trademark classes in different countries to avoid conflicting situations/claims.

You are right sir, but in a recent Judgment dated 28.04.2017, pronounced by Hon’ble Delhi High Court in Suit bearing CS(COMM) 1611/2016 titled as COLUMBIA SPORTSWEAR COMPANY Vs HARISH FOOTWEAR & OTHER, the Hon'ble High Court of Delhi has returned the finding that in order succeed in a case based on trans border reputation, the presence of plaintiff in India is must. The Court has returned the finding that the plaintiff has failed to prove its presence in India. The plaintiff has failed to put on record to show any advertisement or sale in India. The plaintiff;s trademark may be a well known trademark but the plaintiff could not show its presence in India, hence benefit of trans border reputation was not given to plaintiff.