Latha R Nair, shared her thoughts with World Trademark Review on the recent Bombay High Court decision that upheld the denial of “well-known” status to the trademark ‘TikTok’. While TikTok remains a registered trademark, the Court held that its designation as a well-known mark under Rule 124 could be justifiably refused due to the national security ban still in effect.
She believes that the Bombay Court interpreted the language of Section 11(6) without considering the word “including” therein which sets the context for what factors can be considered under the section. In her view, a ban under the Information Technology Act falls outside the context of 11(6) factors. She has also raised concerns about ramifications of this order on the ability of the proprietor of the brand to act against misuse of the mark TikTok by third parties for dissimilar goods.