Rule 124

124. Determination of Well Known Trademark by Registrar.-

(1) Any person may, on an application in Form TM-M and after payment of fee as mentioned in the First schedule, request the Registrar for determination of a trademark as well-known. Such request shall be accompanied by a statement of the case along with all the evidence and documents relied upon the applicant in support of his claim.

(2) The Registrar shall while determining the trademark as well-known take into account the provisions of subsection (6) to (9) of section 11.

(3) For the purpose of determination, the Registrar may call such documents as he thinks fit.

(4) Before determining a trademark as well-known, the Registrar may invite objections from the general public to be filed within thirty days from the date of invitation of such objection.

(5) In case the trademark is determined as well-known, the same shall be published in the trademark Journal and included in the list of well-known trademarks maintained by the Registrar.

(6) The Registrar may, at any time, if it is found that a trademark has been erroneously or inadvertently included or is no longer justified to be in the list of well-known trademarks, remove the same from the list after providing the due opportunity of hearing to the concerned party.