A trademark is a distinctive brand element—such as a logo, name, word, or design—that allows consumers to identify the source of a product or service. It is an essential asset for establishing brand recognition and market identity. When people see the Apple logo, they immediately think of Apple’s technology products; and when they see the Nike mark, they associate it with sports shoes and athletic apparel.
Some trademarks gain exceptional visibility and consumer recognition, earning a reputation that extends nationally or globally. These are referred to as well-known trademarks—marks widely acknowledged by the public and clearly connected with one particular company.
In India, the protection of trademarks—including well-known trademarks—is governed by the Trademarks Act, 1999, which provides exclusive legal rights and heightened protection for famous marks. Once a trademark is recognized as well-known, it receives robust legal shielding, preventing any third party from using the same or similar mark even across unrelated business categories.
Meaning of a Well-Known Trademark
A well-known trademark is one that has achieved strong recognition among a major segment of the Indian public, who associate the mark with a particular source of goods or services.
Take the example of “TATA”—a mark immediately connected with the Tata Group, known for automobiles, steel, and multiple industries. Similarly, global brands like Coca-Cola, Google, and Samsung are widely identifiable and iconic.
As defined in Section 2(1)(zg) of the Trademarks Act, 1999, a well-known trademark is one widely recognized by the public, such that unauthorized use by another entity could misleadingly imply an affiliation or endorsement by the genuine trademark owner.
Comparison Between Normal Trademarks and Well-Known Trademarks
| Criteria | Well-Known Trademark | Normal Trademark |
|---|---|---|
| Public Awareness | Recognised by a significant portion of the general public across India and often internationally. | Known only by a limited group of customers or within a specific market or region. |
| Brand Association | Strongly connected in public perception with a single established brand. | Associated primarily with a company within its immediate business circle. |
| Extent of Legal Protection | Offers wide-ranging legal protection that prevents use even for unrelated or unrelated product categories. | Protection applies only to similar goods or services within the same class. |
| Registration Requirement | May be acknowledged as well-known even without Indian registration, as allowed under Section 11(9) of the Trademarks Act. | Registration is mandatory to secure protection. |
| Authority for Recognition | Status can be granted by the Registrar of Trademarks and may also be determined by Indian courts. | Registered through the standard statutory process by the Trademark Registry. |
| Examples | TATA, WHIRLPOOL, COCA-COLA, NIKE, APPLE, etc. | Logos or names of newly established or local businesses such as smaller brands or local restaurants. |
| Protection Coverage | Safeguarded across all product and service categories — no confusingly similar mark may be used by others. | Protected only within the specific class of goods or services it covers. |
| Purpose | Acts as a high-value asset representing established reputation and consumer trust. | Serves as a business identifier within a specific market or product segment. |
Legal Framework for Well-Known Trademarks in India
In India, the concept of well-known trademarks is defined under the Trademarks Act, 1999, specifically in Sections 11(6) to 11(9). These provisions guide the Registrar of Trademarks in determining whether a trademark merits well-known status. The process for filing an application for recognition is outlined in Rule 124 of the Trademarks Rules, 2017.
These legal provisions ensure that trademarks with strong public recognition receive comprehensive protection, while also maintaining a fair, evidence-driven evaluation process.
Key Considerations Under Section 11(6)
Section 11(6) lays down the factors the Registrar must consider when assessing a trademark for well-known status. Rather than focusing on a single metric, such as sales or marketing spend, the Registrar examines the overall reputation and recognition of the mark.
The main factors include:
- Extent of use: How long and widely the trademark has been in use, both in India and abroad.
- Geographical coverage: Whether the mark is known locally, across India, or internationally.
- Promotion and advertising: The scale and visibility of advertising campaigns, including the investment made to promote the mark.
- Public awareness: The degree to which consumers associate the mark with the company’s products or services.
- Legal protection history: Steps taken by the owner to safeguard the mark through courts or trademark authorities.
In short, Section 11(6) emphasizes a comprehensive assessment of the trademark’s reputation, recognition, and protection history before it can be declared well-known.
Section 11(7) — Assessing Public Recognition of a Trademark
Section 11(7) of the Trademarks Act, 1999 provides guidance on evaluating the extent to which a trademark is known among the public. The goal is to determine whether the mark has achieved sufficient recognition to be considered well-known.
To assess this, the Registrar may consider recognition among multiple groups, including:
- Actual and potential consumers of the goods or services.
- Distributors, retailers, or dealers involved in the sale or circulation of the products.
- Business professionals or trade circles engaged in similar or related industries.
This means that a trademark does not need to be universally known to the general public. Recognition within its relevant market or industry sector can be sufficient to qualify it as well-known.
For example, an automobile brand like “BMW” may not be familiar to people who do not use cars, but it is widely recognized within the automobile market and among car enthusiasts, making it well-known in its sector.
Section 11(7) therefore ensures that the Registrar evaluates a trademark’s reputation among the appropriate audience, reflecting its actual influence and standing in the market.
Section 11(8) — Recognising Judicial Decisions
Under Section 11(8) of the Trademarks Act, 1999, if any Indian court or tribunal—such as the High Court, Supreme Court, or the Intellectual Property Appellate Board (IPAB)—has already declared a trademark as well-known, the Registrar of Trademarks is obliged to accept that decision.
This provision ensures consistency in the recognition process and respects judicial authority. The Registrar cannot disregard or challenge the court’s finding. Once a trademark is declared well-known by a court, it must be included in the official list of well-known trademarks maintained by the Trademark Registry.
For instance, if the Delhi High Court recognises “WHIRLPOOL” as a well-known trademark, the Registrar is required to add it to the official register without requiring a fresh application under TM–M.
Section 11(9) — Well-Known Status Without Registration or Local Use
Section 11(9) is particularly significant for international brands, as it allows them to receive protection in India even before starting operations locally. According to this provision, a trademark can be declared well-known even if it is:
- Not registered in India,
- Not currently used in India, or
- Not applied for registration within the country.
The key consideration is whether the mark is widely recognised by the Indian public or enjoys substantial global reputation that is known to Indian consumers.
For example, brands like APPLE and MICROSOFT were already familiar to Indian consumers long before they began manufacturing or formally registering their trademarks in India. Section 11(9) ensures that such well-known international marks are protected against infringement or misuse in India, even before the brands officially enter the local market.
Rule 124 — Procedure for Declaring a Trademark as Well-Known
Sections 11(6) to 11(9) of the Trademarks Act, 1999 define the principles for identifying well-known trademarks, and Rule 124 of the Trademarks Rules, 2017 provides the step-by-step process to obtain official recognition. This rule allows brand owners to formally request that their trademark be acknowledged as well-known in India.
To initiate the process, a brand owner must file Form TM–M, along with supporting evidence and a fee of ₹1,00,000, with the Registrar of Trademarks.
The procedure under Rule 124 includes the following steps:
- Evaluation of Evidence: The Registrar reviews all submitted documents to assess the trademark’s reputation, recognition, and significance in the market.
- Publication for Objections: The application is published in the Trademarks Journal, giving the public and other stakeholders an opportunity to raise objections.
- Inclusion in the Official List: After considering any objections, the Registrar may enter the mark into the List of Well-Known Trademarks, granting it official status and protection.
Rule 124 also makes it clear that a trademark does not need to be registered or used in India to qualify. Marks with strong global recognition or significant public awareness in India can still be declared well-known.
By combining clear legal standards with a structured application process, Rule 124 ensures that well-known trademarks are protected against misuse, imitation, or infringement, even before a brand formally enters the Indian market.
Importance of Being a Well-Known Trademark
A trademark that is recognised as well-known receives broader and stronger legal protection. This status allows the brand owner to prevent others from using identical or similar marks, safeguarding both the brand’s reputation and consumer trust.
The advantage extends beyond the specific category of goods or services. For instance, if “Mercedes” is recognised as a well-known trademark for automobiles, no other business can use the name for unrelated products like soaps or clothing. Even in a different industry, using the same name could mislead consumers and damage the brand’s image.
Being declared well-known gives a company a strategic edge, offering nationwide protection for its trademark and ensuring that its identity and credibility remain secure across all markets in India.
How to Apply for Recognition as a Well-Known Trademark in India
The recognition of a trademark as well-known in India is managed by the Registrar of Trademarks. The application process is structured and must be followed carefully to ensure successful evaluation.
Step 1: Filing the Application
The first step involves submitting Form TM–M online via the official IP India portal: www.ipindia.gov.in. A government fee of ₹1,00,000 is required for each mark.
In the application, the brand owner must provide a detailed description of the trademark—whether it is a logo, name, or design—and clearly explain why it should be recognized as well-known.
The explanation should address key points such as:
- Duration of use: How long the mark has been in use, ideally 5–10 years or more.
- Public association: The extent to which consumers link the mark to the company’s goods or services.
- Geographical reach: Whether the trademark is known nationwide or only in specific regions.
A well-prepared application helps the Registrar evaluate the distinctiveness, reputation, and market presence of the trademark, which is crucial in granting well-known status.
Submitting Evidence to Support a Well-Known Trademark Application
The submission of evidence and supporting documents is a critical stage in the process of having a trademark recognized as well-known. The Registrar of Trademarks relies heavily on this proof to assess the mark’s reputation and public recognition.
While the law does not specify minimum sales, number of customers, or advertising expenditure, the evidence should clearly demonstrate that the brand is widely known, trusted, and associated with the company’s goods or services.
Key types of evidence include:
- Sales and turnover records: Annual sales data for at least the past five years. Consistently high turnover indicates strong business performance and market acceptance.
- Advertising and promotional material: Copies of ads published in newspapers, magazines, television, radio, YouTube, and social media. The frequency, visibility, and investment in promotion help demonstrate public recognition.
- Market presence and reach: Details of retail outlets, distribution networks, and online availability across India.
- Customer surveys, awards, and recognition: Market research reports, consumer feedback, reviews, or industry awards that highlight the brand’s popularity and reputation.
- International registrations and usage: Evidence of trademark registration and use in other countries, reflecting global recognition.
- Judicial references: Any prior Indian court decisions referring to the mark as well-known provide strong supporting proof.
All evidence should be well-organized, clearly dated, and backed by authentic documentation. Data spanning multiple years is especially valuable, as it demonstrates continuous and sustained use, reinforcing the mark’s standing in the market.
Examination of the Application by the Registrar
Once the application for a well-known trademark is submitted, the Registrar of Trademarks conducts a thorough examination of all submitted documents and evidence. This step is critical to determine whether the mark qualifies as well-known in India.
During the examination, the Registrar evaluates several key factors:
- Duration and extent of use: How long the trademark has been in use and how widely it is recognized.
- Consumer recognition: Whether the public in India associates the mark with a specific company or brand.
- Geographical reach: Whether the mark’s recognition is limited to a local area or extends across India.
- Advertising and promotion: The scale and visibility of marketing campaigns and public exposure.
- Legal enforcement history: Actions taken by the brand owner to protect their trademark, such as filing cases against infringers.
If the Registrar identifies gaps or requires further clarification, the applicant may be asked to submit additional evidence. This examination phase typically takes six months to one year, depending on the workload and number of applications at the Trademark Office.
Publication in the Trademarks Journal
After the Registrar of Trademarks is satisfied that a mark meets the criteria for being well-known, the application is published in the Trademarks Journal, which is accessible online. This publication allows the public or any third party to raise objections if they believe the mark should not be granted well-known status.
Objections can be submitted within 30 days of publication. If an objection is filed, both the applicant and the objector are given an opportunity to present their arguments. The Registrar then reviews the case and decides whether the objection is valid. If no objections are raised, or if they are rejected, the application proceeds to the final stage.
Final Recognition as a Well-Known Trademark
Once all evaluations and objections are resolved, the Registrar officially declares the mark as a well-known trademark. The mark is then added to the List of Well-Known Trademarks, which is published on the IP India website. This publicly accessible list includes both Indian and international brands such as AMUL, RELIANCE, NIKE, APPLE, COCA-COLA, and many others.
Recognition as a well-known trademark provides enhanced legal protection. The brand owner can prevent others from using or registering a similar mark, even for unrelated goods or services, if such use is likely to confuse consumers or damage the brand’s reputation. This status significantly strengthens the owner’s ability to combat misuse, imitation, and infringement, safeguarding the brand’s identity and credibility across India.
Approval Authority for Well-Known Trademarks
The Registrar of Trademarks is the final authority responsible for granting recognition to a well-known trademark in India. However, if a trademark has already been declared well-known by a High Court or the Supreme Court in a judicial case, the Registrar automatically includes it in the official list of well-known trademarks without requiring a fresh application.
This approach ensures that judicial recognition and administrative recognition hold equal legal weight, maintaining consistency and fairness in the protection of well-known brands.
International Protection of Trademarks
A trademark registered in India is protected only within Indian territory. To secure legal protection in other countries, a brand must file for registration in each respective country.
To simplify international trademark protection, the Madrid Protocol provides a system for filing a single application to obtain protection across multiple member countries. India is a signatory to this protocol, allowing Indian brands to safeguard their trademarks globally through a single, streamlined process.
This international framework helps companies protect their brand identity and prevent unauthorized use in foreign markets, extending the benefits of trademark registration beyond India.
List of Some Well-Known Trademarks in India
| S. No. | Trademark | Owner / Company |
|---|---|---|
| 1 | NIKE | Nike, Inc. |
| 2 | MAGGI | Nestlé S.A. |
| 3 | BATA | Bata India Ltd. |
| 4 | Google Inc. | |
| 5 | AMUL | Kaira District Co‑Operative Milk Producers Union Ltd. |
| 6 | PHILIPS | Koninklijke Philips N.V. |
| 7 | FEVICOL | Pidilite Industries Ltd. |
| 8 | MICROSOFT | Microsoft Corporation |
| 9 | VICKS | Procter & Gamble |
| 10 | SAMSUNG | Samsung Electronics / Samsung Group |
| 11 | RELIANCE | Reliance Industries / Reliance Group |
| 12 | BAJAJ | Bajaj Electrical Limited |
| 13 | BISLERI | Acqua Minerals Ltd. |
| 14 | SONY | Sony Corporation |
| 15 | NOKIA | Nokia Corporation |
| 16 | MAHINDRA | Mahindra & Mahindra Ltd. |
| 17 | COCA-COLA | The Coca-Cola Company |
| 18 | AIWA | Sony Corporation (Aiwa brand) |
Key Court Cases Shaping Well-Known Trademarks in India
Several landmark court decisions in India have played a crucial role in defining the scope and protection of well-known trademarks.
Daimler Benz Aktiegesellschaft & Anr. vs. Hybo Hindustan (1994)
- Court: Delhi High Court
- Judgment Date: 14 April 1994
This case involved Daimler Benz, the owner of the globally renowned Mercedes Benz brand, and an Indian company that was using the name “Benz” for underwear.
The Delhi High Court ruled that “Mercedes Benz” is more than a car brand—it represents luxury and prestige. Allowing its use on unrelated products like underwear would dilute the brand’s reputation.
This judgment established an important principle: well-known trademarks deserve protection even when applied to completely different goods, laying the foundation for the legal framework protecting famous brands in India.
Whirlpool Co. vs. N.R. Dongre (1996)
- Court: Supreme Court of India
- Judgment Date: 12 December 1996
In this case, Whirlpool, the American appliance company, had not registered its trademark in India. An Indian company began selling washing machines under the same name.
The Supreme Court held that Whirlpool was already well-known in India due to its global reputation and extensive advertising. The court prohibited the Indian company from using the mark, recognizing that the brand’s trans-border reputation warranted protection.
This case introduced the principle that foreign brands can be protected in India if they are widely recognized by Indian consumers, reinforcing the importance of public perception and global brand reputation.
Rolex SA vs. Alex Jewellery Pvt. Ltd. (2009)
- Court: Delhi High Court
- Judgment Date: 19 December 2009
Rolex, the international luxury watch brand, sued an Indian company selling imitation jewelry under the “Rolex” name.
The Delhi High Court recognized Rolex as a well-known international brand. Even though the goods were different (watches vs. jewelry), consumers could assume a connection. The court ordered the defendant to cease using the name, reinforcing that famous marks deserve protection even across unrelated product categories.
ITC Limited vs. Philip Morris Products SA (2010)
- Court: Delhi High Court
- Judgment Date: 21 January 2010
ITC Limited owned the trademark “WILLS” for cigarettes. Philip Morris launched a product called “Marlboro Wills”, which ITC argued would create confusion among consumers.
The Delhi High Court sided with ITC, recognizing “WILLS” as a well-known mark in India. The court prohibited Philip Morris from using the name, emphasizing that no company should take unfair advantage of another brand’s reputation.
Tata Sons Limited vs. Manoj Dodia & Ors. (2011)
- Court: Delhi High Court
- Judgment Date: 16 December 2011
Tata Sons challenged the use of the name “Tata Mobile Shop” by an unrelated business. The court noted that “TATA” is one of India’s most respected and well-known brands. Even though the shop sold mobile phones and not cars, the public could mistakenly associate it with the Tata Group.
The Delhi High Court ruled that the TATA name should be protected and stopped the shop owner from using it.
Conclusion:
Having a trademark recognized as well-known is a significant milestone for any established brand. This recognition provides robust legal protection, safeguarding the brand from unauthorized use, imitation, or misrepresentation. While the process may require time and careful documentation, once a mark is officially declared well-known, it receives stronger protection across all goods and services, not just within a specific category.
Indian courts have consistently supported the protection of famous trademarks. Landmark cases such as Daimler Benz (1994), Whirlpool (1996), Rolex (2009), ITC (2010), and Tata Sons (2011) highlight that a brand’s reputation and goodwill are invaluable assets deserving of legal protection.
A well-known trademark is more than just a name—it reflects years of effort, trust, and success. Ensuring its protection prevents misuse and consumer confusion, which is especially crucial in today’s competitive marketplace where imitation is common. Recognition as a well-known trademark secures a brand’s identity for the future, giving it a strong legal and commercial advantage.
Frequently Asked Questions (FAQs)
Q1. What is a well-known trademark?
A well-known trademark is one that is widely recognized by the public and associated with a single company or brand.
Examples: TATA, APPLE, COCA-COLA, NIKE.
Q2. Who can apply for well-known status?
The owner of the trademark can submit an application to the Registrar of Trademarks using Form TM–M.
Q3. Is registration in India required?
No. A mark can be declared well-known even if it is not registered or used in India, provided it is recognized by the Indian public (Section 11(9), Trademarks Act, 1999).
Q4. What is the government fee for applying?
The official fee is ₹1,00,000 per mark (as per the Trademarks Rules, 2017).
Q5. What type of evidence is needed?
Evidence may include sales and turnover data, advertisements, market surveys, awards, foreign registrations, or previous court decisions demonstrating the mark’s recognition and reputation.
Q6. How long does the process take?
The process generally takes 6 months to 1 year, depending on examination timelines and any objections raised.
Q7. Can the public object to a well-known mark?
Yes. Once published in the Trademarks Journal, anyone can file an objection within 30 days.
Q8. What are the benefits of being a well-known trademark?
It provides enhanced legal protection. No one can use a similar mark, even in unrelated goods or services, if it could mislead consumers or harm the brand’s reputation.
Q9. Who gives final approval?
The Registrar of Trademarks grants final approval. If a court has already recognized the mark as well-known, the Registrar must include it in the official list.
Q10. Can foreign brands obtain well-known status in India?
Yes. International brands recognized by Indian consumers, such as Whirlpool or Mercedes, can be declared well-known in India.
Q11. Where can I view the official list of well-known trademarks?
The list is available on the IP India website:
https://ipindia.gov.in/well-known-trademarks.htm
Q12. Is legal assistance required?
Legal help is not mandatory, but engaging a trademark lawyer or agent can strengthen evidence, streamline the application, and manage any objections more effectively.
Q13. What are some well-known Indian trademarks?
Some notable examples include AMUL, TATA, RELIANCE, WIPRO, HERO, BAJAJ, among others.
Q14. Can a well-known trademark be used in all product categories?
Yes. A well-known trademark enjoys protection across all goods and services, even those unrelated to the original products, to prevent misuse or confusion.
Q15. How is a well-known trademark different from a regular trademark?
A regular trademark is protected only in the specific category it is registered for, whereas a well-known trademark receives broader protection across multiple categories due to its reputation.
Q16. Can a well-known trademark be challenged?
Yes. Third parties can object during publication in the Trademarks Journal. The Registrar evaluates objections before granting final recognition.
Q17. Does international fame help in getting well-known status in India?
Absolutely. Trans-border reputation is considered. A brand popular globally, even if not yet used in India, can be declared well-known if Indian consumers recognize it.
Q18. What are the legal consequences of using a well-known trademark without permission?
Unauthorized use may lead to civil and criminal actions, including injunctions, damages, and legal penalties for infringers.
Q19. Can start-ups or small businesses get well-known status?
Typically, well-known status applies to established brands with significant recognition. Small businesses usually need years of consistent use, marketing, and reputation to qualify.
Q20. Does the well-known trademark status expire?
No. Unlike regular registrations, well-known status does not have a fixed expiry, but the brand must maintain its reputation to continue enjoying protection.
Q21. How does being well-known help in preventing counterfeit products?
It allows brand owners to take legal action against imitation products, preventing damage to reputation and consumer trust, even if the counterfeits are in unrelated categories.
Q22. Can multiple marks from the same company be declared well-known?
Yes. Companies with multiple popular brands or logos can apply separately for each mark to be recognized as well-known.
Q23. How does a well-known trademark help in brand valuation?
Recognition as well-known increases brand equity and market value, as it reflects consumer trust, popularity, and international reputation.
Q24. Are there examples of recently recognized well-known trademarks in India?
Some recent additions include Starbucks, NDTV, Whirlpool, and Philips, showcasing the evolving recognition of global and Indian brands.
