Trade 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.
A brand owner who wants its mark recognised as well-known asks the Registrar to determine it under rule 124 of the Trade Marks Rules, 2017. The Registry's two-page Standard Operating Procedure for such applications shows what happens after the request is filed: where it is handled, how it is scrutinised, when it is published for objections, when a hearing is fixed and when the mark enters the list. If your mark is a candidate, our trademark registration team can assess whether the evidence is ready before you file.
Applications under rule 124 are processed centrally at the Trade Marks Registry, Mumbai, by a Well-Known TM Section. The SOP sets internal targets: basic scrutiny in 30 days, a compliance letter within seven days of scrutiny, a decision normally within three months where no hearing is needed, and a first hearing normally within six months of the last compliance. These are the Registry's targets, not rights of the applicant. A mark that is accepted is published for objections and then published as well-known and listed.
The SOP is the Registry's internal guidance and does not have the force of law; the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 as now in force prevail. Check current practice on ipindia.gov.in before relying on any step below.
What the rule and the Act already say
Rule 124 is the live provision, and it is explained in full in our article on rule 124. In short, any person may request the Registrar to determine a mark as well-known, the request carries a statement of case and all the evidence relied on, and the Registrar takes into account section 11(6) to (9). The definition is in section 2 and the factors in section 11. This article does not repeat them; it adds what the SOP says about handling.
How the SOP says the application is filed and routed
The SOP states that the application is filed through the online e-filing portal and refers to guidelines in a public notice dated 22 May 2017. Nothing in this article is taken from that notice. For the documents that go with the request, rely on the rule itself: the request is made on the form the rule names with the fee in the First Schedule, together with a statement of case and all the evidence and documents the applicant relies on. The Registrar may call for further documents.
The SOP then says three things about handling:
- applications are processed centrally at the Registry in Mumbai, wherever the applicant is;
- a designated section, called the Well-Known TM Section, has been set up for them;
- the officer in charge of that section is responsible for the stages below.
Scrutiny, deficiencies and the first screen
The officer in charge first completes a basic scrutiny, which the SOP sets at 30 days from receipt. If there is a discrepancy or deficiency, a compliance letter is dispatched by post or email within seven days of completing scrutiny. For an applicant this means the first communication is likely to be a letter about gaps in the papers, not a decision on merit. The practical response is to cure the gap completely and once; the SOP's later targets run from the date of the last compliance, so each partial reply restarts the clock for the Registry's own planning.
The reference to the "Tribunal" and publication for objections
Once scrutiny is complete and the application is found eligible, the SOP says it is put up before "the Tribunal (constituted for the purpose)" for further verification and a view on whether the mark is acceptable as well-known. The SOP's word "Tribunal" here is the SOP's own label for a body set up for this purpose; rule 124 itself speaks only of the Registrar, and the Appellate Board that once sat under the Act no longer exists. Read the word as the SOP's, and read the rule for who decides.
What happens next depends on what that body finds:
| Finding | What the SOP says follows |
|---|---|
| No objection to the application | The mark is published in the Journal to invite public objections, which the SOP ties to the rule 124 sub-rule on objections |
| The mark is already determined as well-known by a competent Court or Tribunal | The mark goes to publication in the Journal directly, which the SOP describes by a rule reference that is the SOP's reference and should be read with rule 124 |
| An objection raised by the section or the Tribunal | The matter is set down for hearing before the hearing officer attached to the section; the notice is issued in consultation with that officer |
The rule on public objections is a power, not a duty: the Registrar "may" invite objections within thirty days of the invitation. The SOP treats publication for objections as the ordinary path for an application that passes scrutiny. An applicant should therefore expect it.
The hearing and the order
If a hearing is needed, the hearing officer disposes of the matter by a speaking order after giving the applicant due opportunity. A speaking order is one that sets out reasons, which matters if the applicant later wants to challenge or rely on the order.
The SOP states two internal targets: where no hearing is required for acceptance, a decision should normally be taken within three months of the date of compliance, if any; where a hearing is required, the first hearing is normally to be offered within six months of the date of last compliance. These are targets for the Registry's officers. An applicant cannot rely on them as a deadline, and the Rules do not give them.
After publication: objections and the counter-statement
If a mark is published for public objection and no objection arrives in time, or any objection proceeding is decided in the applicant's favour, the mark is published in the Journal as a well-known mark and included in the list of well-known trade marks, which is the outcome rule 124 describes.
If an objection is received, the SOP's procedure is this:
- a copy of the objection is forwarded to the applicant within 30 days;
- the applicant is asked to submit a counter-statement, if any, within 30 days of receiving the copy;
- after the counter-statement, or after one month has run, a hearing is fixed within three months with notice to both sides;
- the matter is decided after both parties have been heard.
The 30-day and three-month figures are again the Registry's targets. The counter-statement period of 30 days is addressed to the applicant, so it is the one figure the applicant should treat as a working deadline, and should ask the Registry in writing if the copy of the objection has not reached it.
The SOP is silent on removal from the list. That is dealt with in the rule: the Registrar may remove a mark erroneously or inadvertently included, or no longer justified, after a hearing. For how well-known marks are treated in practice, see our guides on well-known trademarks under section 11 and the determination process in India.
A worked example
Kaveri Looms has traded in handloom saris across India for decades and files a request to be listed. Its papers carry the statement of case and the evidence, but the sales summary is missing for two years. About a month after the filing, a compliance letter reaches it by email pointing to the gap. Kaveri supplies the figures in full. The section completes its scrutiny and puts the file up for verification; no objection is found and the mark is published in the Journal for public objections. A competitor files an objection. Kaveri receives a copy within the SOP's target, files a counter-statement within 30 days, and is heard by the hearing officer, who passes a reasoned order. The mark is then published as well-known and added to the list.
Checklist for an applicant
| Step | What to prepare | Where it comes from |
|---|---|---|
| Request | Statement of case, all evidence, fee in the First Schedule | Rule 124 |
| Scrutiny | Complete papers, so a single compliance letter is enough | SOP target of 30 days |
| Objections | A counter-statement ready within 30 days of the copy | SOP |
| Hearing | An authorised representative and the key evidence in order | SOP; speaking order |
Need help with a well-known mark application?
A request under rule 124 stands or falls on its evidence, and every gap costs weeks. Our trademark registration team can review the statement of case against section 11(6) to (9) and prepare the file before it goes to Mumbai.
Key takeaways
- Rule 124 applications are handled centrally at Mumbai by a Well-Known TM Section.
- The SOP's periods (30 days, seven days, three months, six months) are the Registry's internal targets, not rights.
- Complete the papers once; later targets run from the last compliance.
- The SOP's "Tribunal" is its own label for a body set up for the purpose; rule 124 speaks of the Registrar.
- Public objection, a counter-statement within 30 days and a hearing follow if someone objects.
- Success ends with publication as well-known and inclusion in the list.
Read next
- Rule 124: Determination of a Well-Known Trademark by the Registrar
- Well-Known Trademarks in India: Section 11(6)-(10)
- Trade Marks Registry SOP: How a Trade Mark Application Moves from Filing to Registration
- Madrid Protocol Guidelines: Who Can File an International Application from India
Disclaimer: Based on the documents of the Trade Marks Registry named in the article (the draft Manual of Trade Marks Practice and Procedure published for comments on 10 March 2015, the Registry's standard operating procedures and its Guidelines for functioning under the Madrid Protocol), as consulted on 4 October 2026. A draft is not final; none of these documents has the force of law; the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 as now in force prevail and current practice should be checked on ipindia.gov.in. This article is general information, not legal advice; check the official text before acting.