Criteria for Declaring a Trademark Well-Known Under Section 11(6) of the Trade Marks Act, 1999.

The Plaintiff, established in 1938 and derived from a clinic started in 1905, is a major manufacturer of Ayurvedic and Unani medicines operating under the house mark "MULTANI".

The Plaintiff has secured multiple registrations for the mark across various classes in India and internationally.

In August 2024, the Plaintiff discovered the Defendant’s trademark application for a deceptively similar mark used for identical skin and hair care products.

The Plaintiff filed for a permanent injunction and a declaration of "MULTANI" as a well-known trademark.

During proceedings, the parties executed a Settlement Agreement on June 12, 2025, leading the Plaintiff to press only for the "well-known" status declaration.

Section 2(1)(zg) of the Trade Marks Act, 1999, which defines a well-known trademark as one which has become so to the substantial segment of the public which uses such goods or receives such services.

The "five-factor test" under Section 11(6) of the Act, which mandates consideration of: (i) knowledge or recognition of the mark in the relevant section of the public; (ii) the duration, extent, and geographical area of use; (iii) the duration, extent, and geographical area of promotion; (iv) the duration and geographical area of registrations/applications; and (v) the record of successful enforcement of rights.

Section 11(7) regarding the criteria for determining whether a trademark is known in a relevant section of the public.

The Court analyzed the evidence across the five statutory factors. It noted the Plaintiff’s 86-year history and the distribution of products via 1,000 distributors and major e-commerce platforms.

Extensive promotional efforts were evidenced by advertisements dating back to 1938, celebrity endorsements by figures such as Boman Irani and Soha Ali Khan, and significant annual advertising expenditure.

The Court observed the mark's extensive geographical reach via exports to countries like Russia and Uzbekistan, and sales revenues reaching ₹266 Crores in FY 2023-24.

The Plaintiff demonstrated a diligent record of enforcement through numerous successful oppositions against third-party misuse.

The Court found that the Plaintiff being one of only 50 companies out of 9,000 in India to hold WHO-GMP certification further cemented the brand's reputation and distinctiveness.

Consequently, the Court passed a decree of declaration recognizing "MULTANI" as a ‘well-known’ trademark under Section 2(1)(zg) in respect of Ayurvedic Pharmaceutical Products.

The suit was decreed in favor of the Plaintiff in terms of the Settlement Agreement, and the Plaintiff was held entitled to a refund of the entire Court fees.