Tata SIA Vs Union of India

Tata SIA Airlines Limited, the petitioner, sought to have its trademark declared well-known.

The Union of India, the respondent, opposed the petition, arguing that the petitioner must follow the prescribed procedure under Rule 124 of the Trade Marks Rules, 2017.

The petitioner argued that the court has the authority to declare a trademark well-known.

The respondent contended that a trademark determined by a court to be well-known must still be filed through the prescribed procedure for registration.

The case was decided on May 25, 2023 by Justice Jyoti Singh, J of the Delhi High court.

- The High Court of Delhi dismissed the writ petition, holding that a trademark determined by a court to be well-known will need to be filed through the prescribed procedure under Rule 124 of the Trade Marks Rules, 2017.

- The court ruled that an official fee of Rs. 1,00,000 needs to be paid to the Trademarks office for inclusion of a mark in the list of well-known marks, even if the court declares a mark to be well-known .