Introduction
With coming up of the new Trade Mark Rules 2017, a new procedure
has been created that allows the Registrar to proclaim a particular
trademark as "well known". According to the new rule, a
trademark owner can file an application in form TM-M with a request
made to the Registrar for declaring the mark to be
"well-known". A well-known trade mark has been vouchsafed
with extraordinary protection and safeguards against passing off
and infringement of such trademarks. Well-known trademarks are
recognised in India on the basis of their reputation, nationally,
internationally and the cross-borders.
What is well-known trademark?
The Trademarks Act, 1999, defines well-known trademark as,
"a mark which has become so to the substantial segment of the
public which uses such goods or receives such services that the use
of such mark in relation to other goods or services would be likely
to be taken as indicating a connection in the course of trade or
rendering of
