Meaning and Significance

• A well-known trademark is one that has acquired a high degree of recognition and reputation among the public in India.
  
• It enjoys stronger legal protection, even across unrelated goods and services.
  
• Well-known status protects the mark from unauthorized use or dilution by third parties.
  
• Recognition is granted under Section 11(6) of the Trade Marks Act, 1999.
  

Eligibility Criteria

• The trademark must enjoy widespread recognition among relevant public sectors in India.
  
• It must have been extensively used, promoted, or registered across multiple jurisdictions.
  
• The mark should be associated with high goodwill, quality, and consumer trust.
  
• Proof of reputation is essential, even if the trademark is not registered in India.
  

Application Process

• An application must be filed using Form TM-M with the Trade Marks Registry.
  
• The applicant must submit a formal request for determination of the mark as well-known.
  
• The application must include detailed documentation supporting the mark’s reputation.
  
• A prescribed government fee must be paid along with the application.
  

Documents and Evidence Required

• Proof of trademark registration, both in India and abroad, if available.
  
• Annual sales figures, advertisement expenditures, and market share reports.
  
• Media coverage, awards, and recognition received by the brand.
  
• Judicial decisions or legal precedents where the mark has been declared well-known.
  
• Affidavit of use and public perception surveys, if applicable.
  

Examination and Decision

• The Registrar examines the application and supporting documents for authenticity and adequacy.
  
• If satisfied, the trademark is declared well-known and published in the official journal.
  
• The mark is then included in the list of well-known trademarks maintained by the Trade Marks Registry.
  
• Once granted, the status offers enhanced protection against misuse, imitation, or dilution across all classes.