High Court issues Clear Directions for Registration of Mark as Well-Known

Clear directions issued by court regarding registration of well-known marks in one of the first cases since the introduction of Rule 124 of the Trademark Rules 2017.

In a case involving the TCS trademark owned by Tata Sons Limited, the Delhi High Court issued clear directions regarding the registration of the mark as a well-known mark with the Trademark Registry.

The court observed that the TATA mark denotes tremendous reputation and goodwill, across industries. The TCS mark, associated with Tata Consultancy Services – a Tata Group company – too has immense fame and repute associated with it.

The court directed Tata Sons to make an application to the Registrar of Trademarks under the new Rule 124 of the Trademark Rules, to have the TCS trademark declared as a well-known trademark. Further, the Registrar has been directed to decide the application expeditiously, preferably within three months.

Tata Sons Limited & Anr v Mr. Charanjeet Shah & ors; before the Delhi High Court; order dated 22.11.2017 in C.S. (COMM) NO. 1325 OF 2016.