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Well known Marks in India
2) What is the procedure for determining a mark as a well-known trade mark?
As per the Trade Marks Rules, 2017, an application is required to be filed (online)at the Trade Marks Registry supported by evidence of use. The Trade Marks Registry, Mumbai reviews the application filed to verify the filing requirements. Thereafter, hearing is appointed at Mumbai Trade Marks Registry to present your case. If the hearing officer is convinced that the trade mark should be declared as a well-known trade mark, the trade mark is advertised in the Trademarks Journal (TMJ) inviting objections from the general public within 30 days from the date of publication in t he TMJ. If, no objections are received, the trade mark is advertised in the trade mark is advertised in the TMJ and included in the list of well-known marks.
3) Are there any guidelines issued by Trade Marks Registry mentioning the evidence required to be filed along with the application?
As per the guidelines published by the Trade Marks Registry, the application for well-known mark must be accompanied with following documents:
- Statement of Case describing applicant's rights in the trade mark
- Evidence in support of the averments comprising of
- use of the trade mark;
- applications filed or registration obtained
- annual sales turnover of the applicant's business based on the subject trade mark duly corroborated;
- evidence regarding number of actual or potential customers of goods/services under the trade mark;
- evidence regarding publicity and advertisement of the trade mark and the expenses incurred,
- evidence as to knowledge or recognition of the trade mark in the relevant section of the public in India and abroad
- a) knowledge or recognition about the trade mark in the relevant section of the public. i.e. number of actual and potential users of the products/services under the trade mark, number of persons involved in distribution channel etc.;
- b) the duration, extent and geographical area where the trade mark is used and promoted;
- c) details of registrations or applications for registrations of the trade mark;
- d) the record of successful enforcement of the rights in that trade mark including the record stating that the trade mark has been recognized as well known by any court or Registrar.