What Is a Well-Known Trademark?

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Published 6 August 2026 · Updated 6 August 2026 · 1 min read

A well-known trademark is a mark that has become so recognized by a substantial segment of the public that using it — even on unrelated goods or services — would likely be seen as suggesting a connection to the original owner.

The legal basis

Section 2(1)(zg) of the Trade Marks Act, 1999 defines "well-known trademark" in these terms. The Registrar maintains a list of marks formally recognized as well-known under the Trade Marks Rules, 2017, and a mark can also be recognized as well-known by the Registrar or a court in the course of a specific proceeding, even without appearing on that list.

Why the status matters

Ordinary trademark protection is generally confined to the classes you've registered in. Well-known mark status breaks that boundary — it can support action against use of the same or a similar mark in classes you never registered, on the theory that any such use trades on the recognition you've already built, regardless of class.

How it connects to squatting and passing off

Well-known mark status is one of the strongest tools against bad-faith registration by others, since it lets a brand owner challenge a conflicting mark even outside their registered classes. It works alongside — not instead of — the common-law passing off action, and is directly relevant where trademark squatting is a risk.