How to Obtain a Well-Known Trademark: An Overview

 How to Obtain a Well-Known Trademark

In India, over 350,000 trademark applications were filed in the year 2019, and this number is expected to increase rapidly. By 2025, over 600,000 trademark applications are projected to be submitted annually. The Trade Mark Rules 2017 introduced a new process for declaring a trademark as "well-known." 

To achieve this status, trademark owners can submit an application (TM-M form) to the Registrar. A well-known trademark receives special protection against infringement and passing off. Recognition as a well-known trademark is based on reputation, both domestically and internationally, and across borders.


What is a Well-Known Trademark

According to the Trademarks Act of 1999, a well-known trademark is a mark that has gained recognition among a significant portion of the public who use the goods or services associated with the mark. 

This recognition is so strong that the use of the mark in relation to other goods or services is likely to be perceived as a connection between those goods or services and the person who uses the mark in relation to the first-mentioned goods or services.

The criteria used to determine whether a trademark is well-known

While deciding whether a trademark is a well-known trademark, the Registrar shall consider all facts that he considers relevant for determining a trademark as a well-known trademark, including the following factors:

  • The level of recognition of the trademark among the general public in India.
  • The number of individuals involved in the distribution channels of goods or services related to the trademark.
  • The number of existing or potential buyers of the goods or services associated with the trademark.
  • The duration, extent, and geographical scope of the trademark's use.
  • The business community deals with the goods or services related to the trademark.
  • The trademark's enforcement record, precisely the extent to which it has been recognized as a well-known mark by any court or Registrar.

The Trademark Rules 2017. (Rule 124)

The latest set of rules for trademark registration in India is the Trademark Rules of 2017. Under these rules, trademark owners can request that their mark be recognized as "well-known" by approaching the Trademark Registry. A separate application process is established, which outlines the criteria for determining well-known trademarks. 

Those seeking to have their trademark designated as well-known can file an application in the TM-M form, along with the requisite fee (paid online). Rule 124 empowers the registrar to grant a trademark the status of "well-known" based on the application request.

Read more to know about Well-Known Trademark 

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