Guidelines for filing Well-known Trademark in India

The Indian Trademark Registry has issued guidelines for filing of application for Well-known Trademark via notice dated 22 May 2017. Rule 124 of the Trademark Rules, 2017 provides for determination of a well-known trademark by the Registrar. As per guidelines an application for Well-known trademark should preferrably be accompanied with following information:

  • Statement of case describing the applicant’s rights in the trademark and claim that the trademark is a well-known trademark;
  • Evidence in support of the applicant’s rights and claim, like, evidence of use, evidence of prior registrations in India and abroad, etc.;
  • Details of successful enforcement of rights for said trademark;

After the receipt of the application, the office will consider the claim of the applicant on the basis of documents submitted.

The office may publish the details of trademark proposed to be included in the list of well-known trademarks.

In absence of opposition, if the mark is determined as well-known, the same will be notified in the Trade Marks Journal and included in the list of well-known trademarks made available on the official website.

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