The Registrar rejected Kamdhenu’s bid for well-known status because it hadn’t filed a supporting affidavit. The court disagreed: that’s not fatal — the Registrar should have given Kamdhenu a chance to supply the affidavit rather than reject the application outright.
The case
Kamdhenu Limited appealed the Registrar’s dismissal of its application to include the mark “KAMDHENU” in the List of Well-Known Trademarks. The Registrar’s ground for rejection: the absence of an affidavit alongside the supporting evidence to establish well-known status.
The ruling
The court held that the Registrar has the discretion to allow the applicant an opportunity to submit the required affidavit — instead of outright rejecting the application. The absence of an affidavit should not be deemed fatal to the determination of well-known status; rather, it’s a requirement the Registrar may ask the applicant to fulfil if the documentary evidence and statement of case are found insufficient.
Accordingly, the court gave Kamdhenu eight weeks to submit a supporting affidavit and any additional documents, after which the Registrar would schedule a hearing and decide the application in accordance with law.
Why it matters
Well-known-mark applications (under Rule 124) involve substantial evidence, and a purely procedural gap — a missing affidavit — shouldn’t sink an otherwise meritorious claim. The ruling directs the Registrar to be facilitative, giving applicants a chance to cure deficiencies before deciding on the merits — a welcome, applicant-friendly approach.
The takeaways
- A missing affidavit isn’t fatal to a well-known-mark application.
- The Registrar should offer a chance to cure — not reject outright.
- Merits over procedure — deficiencies in the statement/evidence can be supplemented.
- Kamdhenu got eight weeks to file the affidavit and be heard.
Frequently asked questions
Is an affidavit mandatory for well-known trademark status in India? Not strictly — the court held its absence isn’t fatal; the Registrar should give the applicant a chance to file it rather than reject the application outright.
What did the court decide in the Kamdhenu case? That the Registrar wrongly rejected the application for want of an affidavit, and Kamdhenu was given eight weeks to submit the affidavit and additional documents before a hearing.
What happens if my well-known application’s evidence is insufficient? The Registrar may ask you to supplement it (e.g. with an affidavit) rather than reject outright — a facilitative approach the court endorsed.
Which rule governs well-known applications? Rule 124 of the Trade Marks Rules, 2017, under which any person can apply for well-known status on Form TM-M.
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India