Some trademarks rise above their immediate market and earn recognition across industries and borders. These are called well-known trademarks. In India, the status of being “well-known” carries a special legal significance because it extends protection beyond the usual boundaries of goods and services.
What Is a Well-Known Trademark?
Section 2(zg) of the Trade Marks Act, 1999 defines a well-known trademark as one that has become so widely recognized among the relevant public that the use of an identical or similar mark for unrelated goods or services would likely create a misleading connection.
In simpler terms, if a mark is so famous that consumers associate it exclusively with a particular source—even outside its product category—it qualifies as well-known.
Why Are They Important?
Ordinary trademarks are protected only within their registered class of goods or services. A well-known trademark, however, enjoys cross-class protection. This means no one else can use or register a similar mark even for entirely unrelated products if it risks diluting the reputation of the original.
For example, if someone tried to register “Google” for clothing or “Amul” for electronics, it would still be refused because these marks are already entrenched in the minds of consumers.
Criteria for Recognition
The Registrar of Trademarks considers several factors while determining whether a mark qualifies as well-known:
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Level of Awareness – How familiar the public is with the mark in India.
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Duration and Extent of Use – The length of time the mark has been in use and the geographical spread of that use.
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Advertising and Promotion – The nature and reach of campaigns that have popularized the mark.
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Recognition by Courts or Authorities – Previous judgments or rulings acknowledging the mark’s reputation.
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Evidence of Enforcement – Whether the mark owner has actively acted against misuse or infringement.
How to Apply for Well-Known Status
Since the 2017 Trade Marks Rules, brand owners can directly request the Registrar to declare their mark as well-known.
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Application Form: TM-M
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Fee: ₹1,00,000 per mark
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Documents Needed: Evidence of use, publicity, market recognition, financial details, and legal rulings, if any.
Once accepted, the mark is added to the official list of well-known trademarks maintained by the Registry.
Benefits of Being Declared Well-Known
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Wider Protection – Prevents registration of confusingly similar marks even in unrelated fields.
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Deterrence – Acts as a strong shield against misuse and dilution of brand value.
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Global Recognition – A well-known status in India strengthens the brand’s case in other jurisdictions as well.
Examples
Some marks recognized as well-known in India include Amul, Google, Infosys, Yahoo!, and Bisleri. These names carry such weight that consumers across the country immediately link them to a specific source, regardless of the goods or services in question.
Well-known trademarks are an elite category of brand protection. They reflect not just legal recognition, but also the cultural and commercial significance a brand holds. For businesses aiming for long-term brand dominance, securing this status is a valuable strategic goal.
