- Case number
- Commercial Miscellaneous Petition No. 10 of 2024
- Court
- Bombay High Court
- Date of judgment
- Judge
- Manish Pitale
- Outcome
- Dismissed
Headnote
Petition dismissed. The refusal to include TikTok in the list of well-known marks under Rule 124 of the Trade Marks Rules 2017 was upheld. Section 11(6) permits the Registrar to take into account any fact he considers relevant, and the court held that the ban imposed on the application by the Government of India under the Information Technology Act, on grounds going to the sovereignty and integrity of India, defence and public order, is such a fact. That the ban on certain other applications had since been lifted did not assist the petitioner while this one remained in force. The court was careful to record that the mark remains registered in India and continues to enjoy the statutory protection available under the Act; what was refused was the added protection that inclusion in the list confers.
Headnote by BRB Legal, written from the judgment: a summary for reference, not legal advice. Read the judgment itself before relying on it.