The Well-Known Advantage: Navigating the High Stakes of Trademark Protection

As of March 2025, India's well-known trademark environment remains dynamic. The Trade Marks Registry currently has more than 281 well-known marks, providing greater legal protection against dilution and unauthorized use across various product categories. Recent judicial decisions have highlighted that court judgments of well-known status don't necessarily cover marks in the official list; brand owners need to continue to file a TM-M form and pay charges. Although well-known marks have higher brand value and deterrence against infringement, challenges still remain, such as counterfeiting, cybersquatting, and unauthorized use on social networking sites. Brand owners have to use multi-pronged methods, such as customs enforcement and litigation, in order to address these problems and uphold their marks' integrity.

 

Source: Mondaq, March 4, 2025