Determining Indian Well-Known marks status seems like a conflict against international IP policies. In Indian Trademark Registry, well-known marks were publicly listed in the website. But, they were only based on the Court Judgement, supported by the extract of sentences containing “well-known mark” references/quote.
Now, as the new TM Rules 2017 have come with a procedure/rule for determining a Well-Known Trademark , my interpretation leads to following requirements and conditions.
- TM-M form to be used.
- Only E-filing
- Fees applicable 100,000/per mark.
- TM registration is not compulsory. If not registered, logo and documents are required.
- Statement of case (No format