A new procedure has been developed with the arrival of the Trade Mark Rules 2017 that allows the Registrar to proclaim a specific trademark as "well known" Under the new rule, a trademark owner may file an application on Form TM-M with an application made to the Registrar to declare that the mark is 'well-known.' A well-known trademark has exceptional protection and guarantees against the dismissal and infringement of such marks. In India, well-known trademarks are recognized based on their national, international and cross-border reputations. The Trademarks Act, 1999, defines well-known marks as a mark which has become so for a substantial segment of the public which uses or receives such goods that the use of such marks in relation to other goods or services is likely to be regarded as indicating a link between those goods or services in the course of trade or rendering of services and a person who uses the mark in relation to other goods or services. Well-known trademarks have their goodwill and reputation protected across the nation and across categories of goods and services, unlike other trademarks whose goodwill and reputation is limited to a certain specified geographical area and a certain range of products. The Trade Mark Registry is limited by law to allowing and registering any mark as a trademark which is deceptively similar to any well-known trademark. For example, Google has been registered as a well-known trademark of Alphabet Inc., which means that for any category of goods and services, only Alphabet Inc. can register the word 'Google.'

Provisions relating to Well-known Trade Marks:

1. Trademarks Act, 1999

• 11 (2) Protection of well-known marks across all classes

The provisions of this section extend the scope of protection of well-known marks. Well-known trademarks must, according to this clause, be recognized and protected across all classes of goods and services.

• 11 (6) Factors taken into consideration while determining the trademark as well-known. In 1999, WIPO adopted a Joint Resolution on the Provisions for the Protection of Well-Known Marks with a view to protecting well-known marks from misuse and infringement, which included different factors for the identification of a well-known trademark. As a member of the World Trade Organization, India has adopted and enshrined these factors in clause 6 of Section 11 of the Trademarks Act.
• 11 (9) – Conditions not required for well-known trademark registration. Specifically, the section mentions certain conditions which are not necessary for the granting of a well-known trademark. Such conditions are that the TM has been used in India, it has been registered, application for registration has been filed, is well known in or registered in any other jurisdiction other than India and it is well-known to the public at large in India. It can therefore be stated that, in order for a trademark to be protected in India, it is not necessary for the proprietor of the trademark to have his business in India or for his trademark to be registered in India, nor is it necessary for the trademark to be known to the masses as a whole
• 11 (10) –Obligation on the Registrar. It is the duty of the registrar that, in the event of a dispute and/or infringement, the registrar must protect the interests of a well-known trademark against the same ones and must also take into account and acknowledge the complainant or opponent's ill-intention and malafide motive.

2. Rule 124 of Trade Mark Rules 2017

This rule allows trademark owners to submit a request to the Registrar for the grant of a 'well-known' trademark in the form of TM-M. A mark was declared well-known prior to the introduction of this rule only after proceedings, rectification, and opposition had been held before the Hon'ble Courts. A trademark owner may, with the advent of this rule and the procedure laid down thereof, request a well-known trademark without entering into any proceedings or corrections. Rule 124 ensures that the tag 'well-known' is granted to a trademark merely by means of a request to the Registry.

As of September 2019, 155 applications have been filed and eight applications have been accepted by the Trade Marks Registry. The brand owners have shown keen interest in their brand's search for well-known brand status.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, White Code Legal and Tax shall not be responsible for any errors caused due to human error or otherwise.