Rule 124 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 124 lets any person ask the Registrar to determine a trademark as well-known. It sets the form and fee route, what the request must contain, the factors the Registrar must weigh, an optional round of public objections, publication in the Journal, inclusion in a list, and removal from the list.
Any person may apply in Form TM-M, with the First Schedule fee, asking the Registrar to determine a trademark as well-known, with a statement of case and all the evidence and documents relied on (rule 124(1)). The Registrar must take into account section 11(6) to (9) (rule 124(2)), may call for documents (rule 124(3)), and may invite public objections within thirty days (rule 124(4)). If the mark is determined as well-known, it is published in the Journal and included in the list the Registrar maintains (rule 124(5)). The Registrar may later remove it after a hearing if it was erroneously or inadvertently included or is no longer justified (rule 124(6)).
The Act behind the rule
Section 2 defines a well-known trade mark and section 11(6) to (9) lists the factors in deciding whether a mark is well known; see our articles on Section 2 (Part 1) and Section 11. For the practical side, see well-known trademark determination: the process in India. If you own a mark with wide recognition and want it on the Registrar's list, our trademark registration team can assess whether it is ready.
Rule 124(1): the request
"Any person may, on an application in Form TM-M and after payment of fee as mentioned in First schedule, request the Registrar for determination of a trademark as well-known. Such request shall be accompanied by a statement of case along with all the evidence and documents relied by the applicant in support of his claim."
| Element | Text |
|---|---|
| Who | "Any person" |
| Form | Form TM-M |
| Fee | As mentioned in the First Schedule; entry 18 of the Schedule, "request to include a trademark in the list of well-known trademark", prints Rs 1,00,000, for e-filing only ("Not allowed" for physical filing), for one mark only (as notified in 2017; check the current Schedule) |
| Content | A statement of case, with all the evidence and documents relied on |
Two features stand out.
- "Any person" is wide: the rule does not require the applicant to be the registered proprietor. It does not say, however, that the applicant must own the mark; the nature of the claim and the evidence will in practice show it.
- All the evidence goes with the request. The rule does not provide a later stage for evidence; the Registrar may call for more (see sub-rule (3)).
Rule 124(2): what the Registrar must consider
"The Registrar shall, while determining the trademark as well-known take in to account the provisions of sub section (6) to (9) of section 11."
This is mandatory ("shall"). The factors are those in the Act, which the Rules do not repeat. Read them in the Act or in our article on Section 11 before building the statement of case: the evidence should be organised to meet those provisions.
Rule 124(3): calling for documents
"For the purpose of determination, the Registrar may call such documents as he thinks fit." The rule leaves the choice to the Registrar and sets no time. A request by the Registrar for more documents is a power, not a stage the applicant can demand.
Rule 124(4): public objections
"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."
- Optional: the Registrar "may" invite objections.
- Who: "the general public".
- Time: thirty days from the date of invitation.
- The rule does not say how the invitation is made (for example, in the Journal), what form an objection takes, or what the applicant may do in reply. The text is silent on those points.
Rule 124(5): publication and the list
"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."
So a successful determination has two consequences: publication in the Journal and inclusion in the Registrar's list. The rule does not describe the effect of being on the list beyond that. The legal consequences are for the Act and are not stated in the Rules.
Rule 124(6): removal from the list
"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 due opportunity of hearing to the concerned party."
| Point | Text |
|---|---|
| Timing | "at any time" |
| Grounds | Erroneously or inadvertently included, or no longer justified to be in the list |
| Safeguard | After "due opportunity of hearing" to the concerned party |
A mark on the list is therefore not permanent. A brand that loses its reputation, or one that was put on the list by mistake, can be taken off, but only after a hearing.
An invented example: Aurelia Spices has sold its AURELIA brand across India for decades and wants it recognised as well-known. It files Form TM-M with a statement of case and all its evidence: sales, advertising, awards and press coverage. The Registrar considers section 11(6) to (9), invites public objections for thirty days, and then determines the mark as well-known. The determination is published in the Journal and the mark is added to the list. Years later, if the Registrar finds that the inclusion was an error, Aurelia must first be given a hearing before removal.
Rule 124 at a glance
| Sub-rule | Subject | Key point |
|---|---|---|
| (1) | Request | Form TM-M, First Schedule fee, statement of case, all evidence |
| (2) | Test | Section 11(6) to (9) must be taken into account |
| (3) | More documents | Registrar may call such documents as he thinks fit |
| (4) | Objections | May invite public objections within 30 days of invitation |
| (5) | Outcome | Publication in the Journal and inclusion in the list |
| (6) | Removal | At any time, after due opportunity of hearing |
Need help with a well-known mark request?
The evidence is the case: the rule asks for all of it up front. TaxClue's trademark registration practice can assess your brand's records against section 11(6) to (9), build the statement of case and file Form TM-M.
Key takeaways
- Any person may request determination in Form TM-M, with the First Schedule fee and a statement of case with all the evidence (rule 124(1)).
- The Registrar must take section 11(6) to (9) into account and may call for documents.
- The Registrar may invite public objections within thirty days before deciding (rule 124(4)).
- A successful determination is published in the Journal and the mark is included in the list (rule 124(5)).
- Removal is possible at any time if inclusion was erroneous or is no longer justified, after a hearing (rule 124(6)).
- As notified in 2017 the Schedule fee is Rs 1,00,000 (check the current Schedule).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 121–123: Inspection, certified copies and international non-proprietary names
- Rules 125–129: Time for appeal, certificate of validity, exhibits and records
- Well-Known Trademarks Explained
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.