Well-known trademarks in India. Make your name yours in every class.
A well-known trademark is one so widely recognised that the law protects it across all goods and services, not only the ones it is registered for. Define IPR Solutions prepares the request and the evidence to have a mark entered in the Registry's list of well-known marks.
Free consultation. Fees quoted before you commit to anything.
Well-known marks in three numbers
One name, protected everywhere
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45
classes covered at once
A well-known mark is protected across every class of goods and services.
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30
days for objections
The Registry may invite the public to object before it lists a mark.
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2017
the direct route opened
Since the Trade Marks Rules, 2017, an owner can ask the Registry directly.
What it takes
What the Registry looks at
A mark is found to be well known on evidence. These are the things that evidence has to show.
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Recognition
How well the relevant section of the public knows the mark.
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Duration and reach
How long, how widely and in which regions the mark has been used.
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Promotion
Advertising, publicity and presence at fairs and exhibitions.
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Registrations
Where the mark is registered or applied for, in India and abroad.
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Enforcement record
Cases in which the rights in the mark were successfully enforced.
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Customers and trade
The number of customers, and how widely the trade deals in the goods.
A mark does not have to be used in India, registered in India, or known to the public at large to be found well known. It has to be known to the relevant section of the public.
How it becomes yours
How a mark is added to the list
Five stages, from an honest look at the evidence to publication in the Trade Marks Journal.
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01 Assessment
Is the evidence strong enough?
We review how the mark has been used, promoted and enforced, and tell you plainly whether a request is likely to succeed.
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02 Evidence
Putting the record together
We organise the sales figures, advertising, registrations and orders into a statement of case.
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03 Request
Filing on Form TM-M
We file the request online with the Trade Marks Registry, with the evidence and the prescribed fee.
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04 Review
Scrutiny and public objections
The Registrar examines the request and may invite objections from the public. We answer anything that is raised.
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05 Listing
Entry in the list
If the Registrar is satisfied, the mark is added to the list of well-known marks and published in the Trade Marks Journal.
Claiming it
What changes when a mark is well known?
The difference is how far the protection reaches.
| Your mark | What it is protected for | How that status is established |
|---|---|---|
| Registered | The goods and services it is registered for, and similar ones. | By registration in the relevant classes. |
| Well known | All goods and services, including unrelated ones. | By a finding of the Registrar or a court, on evidence. |
Keeping it yours
What you get from Define IPR
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A straight view of your evidence
Before you pay the official fee, we tell you whether the record supports a request.
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The evidence, organised
Years of invoices, advertising and orders turned into a clear statement of case.
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The request, prepared and filed
Form TM-M and its supporting documents, handled for you.
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Answers to objections
If the Registry or a third party objects, we respond.
What we need from you
- Details of the trademark registrations and applications for the mark.
- Evidence of use: invoices and sales figures, year by year.
- Advertising spend, with samples of the advertising.
- Press coverage, awards and market surveys.
- Any court or Registry order that recognised or enforced the mark.
- Where the mark is used or registered outside India.
One thing to know
A request can be filed only online, and an official fee applies to each mark. The fee is not returned if the request fails, which is why the evidence is assessed first.
Requests are filed with the Trade Marks Registry, part of the Office of the Controller General of Patents, Designs and Trade Marks.
Before you decide
Well-known marks, answered
What is a well-known trademark?
Under the Trade Marks Act, 1999, it is a mark that has become so well known to a substantial segment of the public that its use on other goods or services would be taken to indicate a connection with its owner.
What extra protection does a well-known mark get?
It is protected across all classes. The Registry must refuse a later mark that is identical or similar to it even for unrelated goods or services, and the owner can act against use that takes unfair advantage of the mark or harms its reputation.
How does a mark get onto the list of well-known marks?
The owner files a request on Form TM-M with evidence of the mark's recognition. The Registrar examines it, may invite objections from the public, and if satisfied adds the mark to the list, which is published in the Trade Marks Journal.
Does the mark have to be registered in India?
No. The Act says that a mark need not be registered or used in India, or be known to the public at large, to be found well known. Recognition among the relevant section of the public is what matters.
Who decides whether a mark is well known?
Either the Registrar of Trade Marks or a court. A court may make the finding in an infringement or passing-off case; the Registrar makes it on a request under the Trade Marks Rules, 2017.
Can a mark be removed from the list?
Yes. The Registrar may remove a mark from the list if it was included by mistake or if the inclusion is no longer justified, after giving the owner a chance to be heard.
How much does it cost to apply?
There is an official fee for each request, and our professional fee depends on how much evidence has to be gathered and organised. We quote both after a free consultation, before you commit to anything.
Last reviewed . This page is general information, not legal advice.
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