TM Rules 2017 determination of Well-Known Trademark

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.

Requirements

  • 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