A well-known trademark gets broader protection — reaching even dissimilar goods and services. Since 2017, you no longer need a court to say so: you can apply directly to the Registry. Here’s how, and what it takes.
What is a well-known trademark?
Section 2(zg) defines a well-known trademark as one that has become so recognised by the substantial segment of the public using such goods/services that its use on other goods/services would be taken to indicate a connection to the original owner. In short — a mark the public easily recognises.
The Trade Marks Office explicitly lists some marks recognised as well-known by the High Courts, IPAB or Supreme Court — including BENZ, BISLERI, AIWA, ENFIELD BULLET, Infosys — though many prominent marks aren’t yet on the list.
The 2017 route: apply directly
Until the Trade Marks Rules, 2017, marks were recognised as well-known mainly through court judgments. Now, Rule 124 lets any person apply to designate their mark well-known by filing Form TM-M with the prescribed fee and:
- a statement to that effect; and
- supporting documents establishing the claim.
The Registrar considers Section 11(6)–(9), may invite public objections, and — if none — advertises the mark in the Journal and adds it to the well-known list. (The Rules don’t spell out what happens if objections come in; logically, a hearing would follow.)
The fee is INR 1,00,000, filed online only — consistent with the Registry’s push to go digital.
What Section 11(6)–(9) requires
These provisions set the criteria the Registrar weighs, including:
- knowledge/recognition of the mark among the relevant public;
- the geographical extent and duration of promotion and use;
- the number of actual and potential users; and
- any prior ruling by a competent authority that the mark is well-known.
Section 11(8): if a court or tribunal has already found a mark well-known among a relevant public, it shall be determined well-known. Section 11(9): a mark need not be registered, pending or even used in India — nor popular with the public at large in India — to be declared well-known. In a globally connected age, that’s a meaningful reach.
A practical wrinkle
Despite Section 11(9), the Form TM-M for well-known status appears to require an application number for the subject mark — implying you may in practice need a filed Indian application, which could make Section 11(9) partly redundant.
A note of caution
The Form TM-M route makes it easy for genuine owners to secure recognition — but also opens the door to any entity applying. The hope is that the Registry stays cautious and stringent, weighing the factors carefully, so we don’t see a sudden flood of “well-known” marks.
The takeaways
- Well-known status broadens protection — even to dissimilar goods and services.
- Apply via Form TM-M under Rule 124 — with a statement, evidence and the ₹1 lakh fee, filed online.
- Section 11(6)–(9) sets the criteria — recognition, extent, duration, users, and prior rulings.
- Section 11(9) is generous on paper — no Indian registration/use strictly needed — but the form may still expect an application number.
Frequently asked questions
How do I get my trademark declared well-known in India? File Form TM-M under Rule 124 with a statement, supporting evidence and the ₹1,00,000 fee; the Registrar assesses it against Section 11(6)–(9) and may invite objections.
What does well-known status give me? Broader protection — including against use on dissimilar goods and services that would suggest a connection to your brand.
What factors does the Registrar consider? Public recognition of the mark, the geographical extent and duration of its use and promotion, the number of users, and any prior ruling that it’s well-known.
Do I need to have used or registered the mark in India? Under Section 11(9), not strictly — but in practice Form TM-M appears to require an application number for the mark.
Useful official resources
- The Trade Marks Act, 1999
- Trade Marks Registry — IP India