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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
