Case Title: TikTok Limited Vs. Registrar of Trade Marks Date of Order: June 10, 2025 Case Number: Commercial Miscellaneous Petition No. 10 of 2024 Neutral Citation: 2025:BHC-OS:8466 Name of Court: Bombay High Court, Commercial Division Name of Judge: Manish Pitale, J.
Very Brief Facts:
TikTok Limited, a company operating a popular social media app, sought to have its trademark "TikTok" recognized as a well-known mark under Indian law. The Registrar of Trade Marks refused this request, citing reasons related to the ban imposed by the Indian government on TikTok and concerns over sovereignty, integrity, and public order.
Discussion by the Judge:
The court examined whether the Registrar properly considered the statutory provisions and relevant factors under Section 11(6) of the Trade Marks Act. The court observed that the Registrar’s refusal was primarily based on the ban on TikTok, which is a relevant fact under law, and that the factors for recognizing a well-known mark are not exhaustive. The court also noted that the ban was a transient situation and should not be the sole basis for refusal. The court found that the Registrar had taken into account relevant facts and that there was no error in the order.
Decision:
The court dismissed the petition, affirming that the Registrar's decision was justified given the relevant considerations, including the government ban and public order concerns.
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