The factors that should be taken into consideration while determining the well knownness of a mark.

Section 11(6) and Section 11(7) of the Trade Marks Act, 1999 discusses the factors that the Registrar of Trademarks shall take into account while determining the well knownness of a trademark. Section 11(6) provides specific factors for assessing well knownness of a trademark, and Section 11(7) provides specific criteria for the said factors.

“Section 11(6) states that – The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including –

(i) the knowledge or recognition of that trademark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark;(ii) the duration, extent and geographical area of any use of that trade mark;

(iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;

(iv) the duration and geographical area of any registration of or any publication for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark;

(v) the record of successful enforcement of the rights in that trademark, in particular, the extent to which the trademark has been recognised as a well known trademark by any court or Registrar under that record.

Section 11 (7) states that “The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account