Well-known Trademark
Rule 124 of the
Trademark Rules, 2017 has opened gates to the public at large to include their
reputed Brand Name in the list of well known trademarks. The Applicant may
request to Registrar in Form TM-M with the Fee of Rs. 1,00,000 (Rupees One
Lakh) to include its Brand Name as well-known trademarks. Such request shall be
accompanied by a statement of case along with all the evidence and documents
relied by the applicant in support of his claim.
The Registrar may
invite objections from the general public to be filed within thirty days from
the date of invitation of such objection. In case the trademark is determined
as well-known, the same shall be published in the trademark Journal and
included in the list of well-known trademarks maintained by the Registrar.
However, The
Registrar may, at any time, if it is found that a trademark has been
erroneously or inadvertently included or is no longer justified to be in the
list of well-known trademarks, remove the same from the list after providing
due opportunity of hearing to the concerned party.
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