Going ‘Zen'

The practice of trade marks getting the status of a 'well-known mark' has gained momentum with several renowned companies competing for the coveted status. Earlier, a mark could be declared well-known only by a competent Court or by the Registrar of Trade Marks; this would often result in proprietors of trademarks initiating civil suits/oppositions/rectification against an unauthorized party with the intention of restraining them from using the trade mark and also to be declared as a well-known mark. The new means to obtain the well-known mark status is to apply under the new Trade Mark Rules, 2017 which permit the proprietor of a trade mark too file an application for such declaration by the Registrar of Trade Marks.