Well-Known Trademark Application

How It Works

1. 1

   Eligibility assessment and evidence audit

   Review the brand history, existing registrations, enforcement record, and available evidence to assess whether the mark meets the criteria under Section 11(7) of the Trade Marks Act, 1999 and advise on any evidence gaps.

2. 2

   Evidence compilation and dossier preparation

   Assemble a comprehensive evidentiary dossier including advertising expenditure records, media clippings, consumer surveys, sales figures, court orders, and foreign registration certificates demonstrating pan-India and international recognition.

3. 3

   Consumer survey coordination (if required)

   Commission or review an independent consumer survey designed to demonstrate the degree of recognition of the mark among the relevant section of the Indian public, ensuring the survey methodology meets evidentiary standards.

4. 4

   Drafting the application and submissions

   Prepare Form TM-M along with detailed written submissions articulating how the mark satisfies each criterion under Section 11(7), supported by the compiled evidence, and calculate the applicable government fee.

5. 5

   Filing with the Trade Marks Registry

   File the application on Form TM-M with the prescribed fee at the appropriate Trade Marks Registry office, obtain an official filing receipt, and monitor the application status through the IP India portal.

6. 6

   Examination response and recording

   Respond to any queries or objections raised by the Registrar during examination, provide supplemental evidence or clarifications as required, and upon acceptance, confirm recording of the mark in the register of well-known trademarks.