Well-Known Trademark in India: Recognition, Cross-Class Protection & How to Apply (2026)

📅 May 2, 2026 • 🕐 9 min read • ✍ IP India Research Desk

✅ Quick Answer: A well-known trademark in India gets protection across all 45 classes — not just the classes it's registered in. IP India maintains an official register of well-known trademarks. Examples: Tata, Amul, Infosys, Bata. Apply via Form TM-M with evidence of reputation.

What Makes a Trademark 'Well-Known' in India?

Under Section 2(1)(zg) of the Trade Marks Act, 1999, a trademark is 'well-known' if it has become known to a substantial segment of the public — not necessarily the entire population, but a significant cross-section that uses or is likely to use the type of goods/services for which the mark is registered.

Factors IP India considers:

Duration of use and extent of use geographically
Volume of sales/turnover under the mark
Extent of advertising and promotion
Number of registrations and applications in India and globally
Court judgments recognising the mark as well-known
Media coverage and public recognition evidence

Cross-Class Protection: The Key Benefit

The most powerful consequence of well-known status:

An ordinary registered trademark protects you only in the class(es) you filed in
A well-known trademark is protected across ALL 45 classes — even classes you haven't registered in
Example: 'Tata' as a well-known trademark means no one can register 'Tata' for any product or service — even categories like stationery or pet food where Tata has no presence
Section 11(2) of the Trade Marks Act bars registration of marks identical/similar to a well-known trademark in ANY class

How to Apply for Well-Known Trademark Status

File a request with IP India using Form TM-M (Miscellaneous Application)
Pay the prescribed fee
Submit evidence of well-known status: sales figures, advertising expenditure, market surveys, court recognition, media coverage, number of global registrations
IP India examines the application
If approved, the mark is recorded in IP India's Register of Well-Known Trademarks
The mark appears on the official IP India well-known trademark list

IP India's Official Well-Known Trademark List

IP India maintains a public list of officially recognised well-known trademarks in India. Brands on this list include: Amul, Tata, Infosys, Bata, Prestige (cookware), Asian Paints, Titan, Hero, Bajaj, LIC, HDFC, and many others. Being on this list provides the strongest IP protection available under Indian trademark law.

Frequently Asked Questions

What is a well-known trademark in India?

A trademark recognised by a substantial segment of the public, which gets protection across all 45 trademark classes regardless of the classes it's actually registered in. Defined under Section 2(1)(zg) of the Trade Marks Act, 1999.

How is well-known status different from regular trademark registration?

Regular registration protects you in your filed class(es) only. Well-known status protects you in all 45 classes — preventing anyone from registering a similar mark even in completely unrelated industries.

Which Indian brands are officially well-known trademarks?

IP India's register includes Amul, Tata, Infosys, Bata, Asian Paints, Titan, Hero, Bajaj, LIC, HDFC, among others. The full updated list is available on ipindiaonline.gov.in.

Can a foreign brand get well-known status in India?

Yes — foreign brands that are well-known in India can apply for well-known status. Global brands like Coca-Cola, Apple, and Louis Vuitton have been recognised as well-known trademarks by Indian courts even before formal IP India registration.

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