In a significant decision shaping the future of digital brand protection in India, the Bombay High Court has refused to recognize TikTok as a “well-known trademark” under the Trade Marks Act, 1999. The verdict, delivered on June 13, 2025, by Justice Manish Pitale, upheld the Trademark Registrar’s earlier decision denying TikTok’s application, citing India’s ban on the app due to national security and public order concerns.
The case arose when TikTok Ltd. challenged the Registrar’s refusal order from October 2023. The company argued that the decision was procedurally flawed and contradicted Section 11(9) of the Trade Marks Act, which states that lack of trademark use in India should not be a barrier to recognition as a well-known mark. TikTok asserted that its global reputation, massive user base, and brand presence justified elevated protection status under Indian law, even if the app was not currently operational in the country.
However, the Court took a more cautious and nationally grounded approach. It ruled that while Section 11(9) removes the requirement of use in India, Section 11(6) gives the Registrar wide discretion to consider “any fact” deemed relevant to such recognition. In this case, the Registrar had relied on the Indian government’s 2020 ban on TikTok, which was imposed in the interest of national sovereignty, public order, and defense. The Court concluded that such a serious ban was not just relevant, but legally sufficient to deny TikTok the elevated trademark protection it sought.
Justice Pitale emphasized that granting the “well-known” status would run contrary to the very policy under which the app has been barred from operating. He remarked that trademarks carry not only economic rights but also symbolic power, and thus courts must ensure that such symbols are not legitimized in ways that contradict broader national interests.
The Court also addressed TikTok’s procedural objections, including its claim that the Registrar wrongly relied on Section 9 (absolute grounds for refusal). Justice Pitale clarified that the incorrect citation of a procedural provision did not render the overall order invalid, as the reasoning and conclusion were independently sound under Section 11.
This decision sets a notable precedent. It reinforces that global fame alone is not enough for a trademark to be recognized as “well-known” in India—especially if the brand is entangled in regulatory or public interest conflicts. It also affirms the role of the Trademark Office and Indian courts in balancing IP rights with constitutional and national security considerations.
For brand owners, the ruling serves as a cautionary tale. It highlights the need for not only strong evidence of recognition and usage but also full legal compliance within India’s jurisdiction. Brands that face government sanctions, bans, or significant controversy may find it difficult to secure elevated protections, regardless of their international standing.
📌 Legal Summary
Case: TikTok Ltd. v. Registrar of Trade Marks, Mumbai
Court: Bombay High Court
Date of Judgment: June 13, 2025
Presiding Judge: Hon’ble Justice Manish Pitale
Case No.: BHC-OS-8466/2025
Result: Application for well-known status rejected, Registrar’s order upheld
At SecureMyTM.com, we help you assess your eligibility for well-known status, compile evidence, and ensure your brand strategy aligns with both legal and public interest expectations. This ruling is a reminder that brand reputation is both legal and geopolitical in today’s world.
For more information on how this judgment affects your trademark filing or brand recognition plans, contact our legal experts today.
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