Any trade name, picture, logo, scheme of colours, sound, shape, image , label can be registered as trademark.

Registration Process passes through four stages

1. Prior Search
2. Filing of Trademark Application
3. Reply to Objections raised by Trademark Examiner
4. Acceptance Registration

Trademark registration takes 6 to 8 months

1. Trademark name /logo
2. Type of goods Services
3. Name Address of the Applicant
4. User Proof in case of priority usage

Registration is valid for a period of 10 years & can be renewed thereafter for same period

The registration granted is applicable throughout the country

For each application fee of INR 4500 for individual & INR 9000 for company/society/trust is payable

Symbol ™ can be used after the trademark name is applied for registration and ® is used after registration.

Yes, an applicant can file Multiple application depending upon nature of goods and services manufactured or traded, but for each application separate fees is payable.

Yes, this is necessary for listing of products , this is to identify your goods from other competitors and avoid trademark disputes.

  The startup are entitled to seek fee concession of 50 % on the govt Fee amounting to INR 4500  

The MSME are entitled to seek fee concession of 50 % on the govt Fee amounting to INR 4500

1. Concept of a Well-Known Trademark

Well-Known Trademark has earned significant recognition among the public, so much so that unauthorized use-even in unrelated classes-may suggest a misleading connection with the brand. It enjoys broad protection across all categories of goods and services.

2. Legal Basis

• Section 2(1)(zg) of the Trade Marks Act, 1999: Defines a well-known trademark.

• Section 11(2) & (6–9): Provides the statutory grounds and factors for determining a mark as well-known.

• Rule 124 of Trade Marks Rules, 2017: Lays down the procedure for seeking recognition of a mark as well-known.

3. Who Can Apply?

Any person — natural or juristic — claiming to be the proprietor of a well-known trademark may file an application to the Registrar of Trademarks under Rule 124.

4. Application Process for Well-Known Trademark

📝 Step-by-Step Procedure:

1. Fee:

   • ₹1,00,000 per mark (as per the 2017 rules).

2. Supporting Documents (as applicable):

   • Details of trademark registrations/applications in India and abroad.

   • Sales figures, turnover, and advertising expenses.

   • Market surveys, media coverage, and consumer recognition.

   • Evidence of enforcement actions, court decisions, or rulings recognizing the mark.

   • List of infringement cases or oppositions involving the mark.

3. Examination by Registry:

   • The Registrar evaluates the application without opposition from third parties.

   • Registrar may publish the mark in the Trademarks Journal before final listing.

4. Listing:

   • If accepted, the mark is included in the official list of well-known trademarks published on the IP India website.

5. Factors Considered by the Registrar 

• Recognition of the mark by the relevant public.

• Duration, extent, and geographical area of use.

• Promotion and advertising efforts.

• Registration or recognition in foreign jurisdictions.

• Record of enforcement or successful protection against misuse.

6. Protection Granted

Once registered as a well-known trademark, the mark is entitled to:

• Cross-class protection (i.e., protection beyond its own class).

• Stronger enforcement rights against dilution, tarnishment, or misuse.

• Priority in examination during opposition or rectification proceedings.

• Refusal of registration to similar marks even in different goods/services.

7. Conclusion

Registering a mark as well-known is a strategic move for brand owners seeking long-term exclusivity and brand insulation. It provides a robust defense mechanism against brand dilution and unfair commercial advantage by third parties.

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