News

is now possible to request declaration of well-known status in India

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.

We, at Clarke, Modet & Co., are therefore at your disposal should you require any legal assistance or advice concerning the matter at hand.

Marta Carrasco