In a recent order, High Court has issued directions for claimants of “well-known” trademark in India. This is one of the first such directions issued by Indian Courts post recent amendments of Trademark Rules and introduction of Rule 124.
Hon’ble Mr. Justice Manmohan observed that a status of “well-known” mark in respect of a trade mark may only be recognized, if the parties resort to the procedure prescribed under Rule 124 of the Trade Mark Rules, 2017, and file requisite application before the Registrar (for details in respect of Rule 124, you may read – https://ipcentre.mehtaip.com/2017/05/31/guidelines-for-filing-well-known-trademark-in-india/#more-400).
In present case, agreeing to claim by Tata Sons on their mark ‘TCS’ as well-known trademark, the Hon’ble Court directed them to avail prescribed procedure under said Rule 124 for consideration of the mark as a well-known mark.
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