As of this past December, all interested parties may
file a request for the Registrar to determine the well-known status
of their trademarks in India
Currently, many companies such as Pepsi, Nivea, Honda and Toyota
have already filed their requests and obtained said declaration of
well-known status.
The request must be submitted together with appropriate
information and evidence proving the well-known status claimed by
the applicant. In this sense, in the event that the Registrar
determines said well-known status, the trademark will be included
in the list of well-known trademarks administered by said
organization once the submitted evidence has been examined.
The well-known status of a trademark will provide trademark
proprietors a stronger position in cases of infringement and
misappropriation of their trademark assets and at the same time
open up an alternative path for instituting legal actions.
