Amicus Brief

India in TATA SIA Airlines Limited vs. Union of India, WP (C) 11642 of 2019

Published: July 3, 2020


High Court of Delhi

Our Position

INTA supports the principle that once a Court has determined a trademark to be well-known, the procedure stipulated under Rule 124 of the Trade Mark Rules, 2017 (hereinafter, “the Rules”), i.e. the filing of an application for determination and payment of requisite fees, is not required to be followed to have a trademark included in the List of Well-Known Trademarks published by the Trade Mark Registry (Respondent/Registrar).  Filing of an application, examination of the application or depositing of any fee is not required to have a trademark declared as well-known by the Respondent/Registrar when such declaration and determination regarding that exact same mark has already been made by a Court of law in India.