India Law Offices (Delhi High Court, W.P.(C) 13581/2026)

Can the Registry declare a brand 'well-known'? Delhi High Court to hear challenge to Rule 124

Summary

Campussutra Retail Private Limited has challenged the constitutional validity of Rule 124 of the Trade Marks Rules, 2017, before the Delhi High Court in W.P.(C) 13581/2026. Rule 124 lets a trademark owner ask the Registrar to determine and declare its mark 'well-known' as a standalone exercise. The petition also challenges the Registrar's 2024 declaration of CAMPUS, owned by Campus Activewear Limited, as a well-known mark, arguing that the Trade Marks Act contains no express power for such a standalone determination. The matter is listed for 8 December 2026. The outcome could affect every brand that holds, or is applying for, well-known status through the Registry.

Who is affectedBrands already declared well-known by the Trade Marks Registry, brands planning to apply under Rule 124, and businesses facing objections based on another party's well-known mark.
What to doIf you rely on a well-known declaration, keep your evidence of reputation (sales, advertising, media coverage, past orders) up to date so you can also prove reputation in court if needed. Brands planning a Rule 124 application should watch for the court's decision.
SourceIndia Law Offices (Delhi High Court, W.P.(C) 13581/2026)

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