Amul — and its instantly recognisable Butter Girl — was declared a well-known trademark, joining a coveted list alongside Pepsi, Coca-Cola and Benz. Here’s the case that triggered it, and what well-known status actually means.
Note: The IPAB was abolished in 2021; matters of the kind referenced below now lie with the High Courts. Well-known-mark determinations can also be sought directly from the Registrar under Rule 124.
The recognition
Few Indian brands are as woven into the country as Amul, and the Amul Butter Girl is arguably India’s most recognised device mark. The Controller-General of Patents, Designs and Trade Marks declared Amul a well-known trademark by notification — placing it on the coveted list (then 68 brands) with the likes of Pepsi, Coca-Cola and Benz.
The trigger: the IMUL case
The status flowed from an infringement case against “IMUL,” owned by the Ichhamati Co-operative Milk Producers Union. The IPAB, upholding Amul’s popularity, held IMUL phonetically similar to Amul and likely to cause confusion. Importantly, once a mark is granted well-known status, it’s deemed so for all future proceedings.
What is a well-known trademark?
Under Section 2(1)(zg), a well-known trademark is one so etched in the public mind that people relate any goods/services bearing it (or a similar mark) to that company. A confectionery called “TATA” would make people assume it’s a TATA-group product. So a well-known mark gets blanket protection across all classes — protecting both the owner’s goodwill and consumers who rely on the mark.
The Section 11(6)–(9) factors
Whether a mark is well-known is for the Registrar, weighing Section 11(6)–(9) factors, including:
- public knowledge of the mark from sales promotion;
- the duration, extent and geographical area of use;
- the duration and extent of advertising/promotion;
- the duration and geographical area of registration;
- the extent to which courts/the Registrar have upheld it;
- the number of actual/potential consumers;
- the persons in the distribution channels;
- the business circle dealing with the goods; and
- whether it’s been determined well-known in at least one relevant section of the public.
Under Section 11(10), the Registrar must protect a well-known mark against identical or similar marks when considering registration and oppositions.
The bigger picture
Amul’s recognition is welcome — perhaps overdue — and raises the question of what happens to the many companies that registered “Amul” in various classes (a namesake hosiery brand being a notable one). And going down the list, it’s natural to ask why so few Indian marks have well-known status.
The takeaways
- Amul is a well-known trademark — with its Butter Girl, an iconic device mark.
- Well-known status = all-class protection — against identical/similar marks anywhere.
- The IMUL case triggered it — phonetic similarity likely to confuse.
- Section 11(6)–(9) sets the factors — knowledge, extent, duration, users and prior rulings.
Frequently asked questions
What does well-known trademark status give Amul? Blanket protection across all classes of goods and services against identical or similar marks, protecting its goodwill and consumers.
What triggered Amul’s well-known declaration? The IMUL infringement case, where the IPAB held “IMUL” phonetically similar to Amul and likely to cause confusion.
What factors decide well-known status? The Section 11(6)–(9) factors — public knowledge, extent and duration of use and promotion, consumers, distribution channels and prior rulings.
Is well-known status permanent? Once granted, a mark is deemed well-known for all future proceedings.
Legislation referred to
- The Trade Marks Act, 1999