TikTok - is it actually well-known? Bombay High Court takes a different route to reject Bytedance’s Petition.

PREFACE

The ruling delivered by Bombay HC in the present case has stir the IPR and technology sector. It signals to transnational entities that their IP rights recognition and enforcement depends not only upon its commercial esteem but also on how well it aligns with Nations sovereignty, integrity and public order while this may raise concerns among global entities regarding the safeguard and protection of their IP law in India. However the court rulings do not conflict with the statutory law – Section 11(9) which emphasizes that there is no unbounded or rigid conditions for a trademark to be classified as a well-known trademark along with section 11(6) which gives Registrar discretionary power to consider “any fact deemed revenant or not’’ while determining whether a mark qualifies the title of being a well known mark or not.

WHY IN NEWS

Bombay High court recently affirmed the decision of Registrar of Trademark, quashing the request of TikTok limited’s request to designate “Tiktok’’ as a well-known mark under the Trade mark under the Trade Mark Act 1999, taking into consideration that the social media app is already banned in India, as considered by the Registrar while refusing such demand.

 

BACKGROUND

Tiktok, is a popular Chinese social media platform for creating and sharing short videos owned by ByteDance gained immense popularity in India before it was banned in June 2020 due concerns over national security . For now, TikTok enjoys its popularity in other nations but not in India. Ministry of Electronics and Information Technology alleged that TikTok misused the data, invaded the privacy, and morphed images. 

WHAT IS A WELL-KNOWN MARK? – A SHIELD OF ENCHANCED PROTECTION

The Trademark Act 1999 and Trademark Rules 2017, provides for this special designation. A well-known Trademark is a trademark that has achieved wide recognition and character among the public in relation to other goods and services which might be taken into consideration with connection to the original goods or services.

A Well-known Trademark enjoys substantial benefits as compared to Trademark which only offer protection within the specified class whereas a well-known Trademark enjoys protection across all classes. This means it serves as a guard against any duplication of their mark indeed when used by any reality on unconnected goods or services the proprietor can help similar use therefore guarding their brands request position and goodwill.

[Image Sources: Shutterstock]

The criteria for determining a well-known trademark are as under – Section 11(6)^[1];

• The knowledge and recognition of that trademark in public including knowledge attained through creation.

  
  

• The duration , extent and its geographical area of use

  
  

• The duration, extent and its geographical area of any creation of the trade mark including any advertisement or publicity or announcement at exhibition or exposition.

  
  

• The documented instances by any court or registrar have upheld the trademark in particular is honored as a well-known trademark during enforcement proceedings.

 

CONTENTIONS RAISED BY TIKTOK

Tiktok challenged Registrar’s decision by arguing the following:

1. Oversight in careful consideration: The Registrar of Trademark (Respondent then) did not take proper consideration of the statutory provision of Trade Marks Act, 1999 and the Rules framed thereunder.

2. Lack of proper reasoning/logic: Tiktok limited argued that the respondent reckoned on section 9 which was completely irrelevant to their application and rather should have considered section 11 instead also they claimed that the Government of India released some press reports without applying their mind.

3. Transitory nature of ban: The ban imposed by the Government of India was of a passing kind and that should not be considered as a reason for refusing the application.

4. Overlooked their attachments: The responded failed to acknowledge the accoutrements handed by the TikTok to substantiate their prayer for the addition of their mark in the list of well-known mark.

THE LEGAL UNDERSTANDING BY THE COURTS IS STRUCTURED AS FOLLOWS:

Justice Manish Pitale of Bombay High court acknowledged the Registrar’s error of relying on section 9 of Trade mark act which states the absolute grounds for refusal of registration in lieu of relying on section 11 which explicitly governs the determination of a well-known mark. The Hon’ble court’s interpretation is in consonance with section 11(9) with the Registrar’s discretion under section 11(6) which states that the Registrar shall, while determining whether a trademark qualifies for the tag of well-known trade mark can take into consideration any fact which he/she consider is material for determining a trademark as a well-known trade mark.

Further the court noted the TikTok quest for enhanced protection stating its previous popularity and it’s already existing trademark registration in India. To this the court reasoned that the ban on TikTok was imposed due to serious concerns regarding national security, data privacy concerns and various allegations of cyberbullying, misuse of contents etc . Additionally it was recorded that the ban on TikTok has not been set aside by any competent authority or any court; the continued ban makes it inappropriate to grant the shield of a well-known mark.

The Bombay High court finding in Tiktok Ltd. v. Registrar of Trade Marks Mumbai, 2025 SCC OnLine Bom 2323^[2] created a legal standard exceeding beyond commercial recognition, reputation and goodwill within the public domain. It introduced a new dimension for the assessment of a ‘Well-known’ trademark that it can extend beyond commercial success and public familiarity. This judgment noted that public interest, national security and sovereign concerns must inform administrative rulings in sensitive cases, it acts as a signpost for international businesses that the recognition and enforcement of their IP rights depends not only by commercial reputation but also by how well they conform to India’s regulatory landscape.

In fact, Tik-tok’s contention as recorded under Para 14 of the judgement - reliance being placed on Section 11(9)(i) which states that the usage of the mark in India shall be a consideration to adjudge a mark being ‘well-known’ - was not elaborated in the Bombay High Court judgement, as to how the said section can be circumvented altogether.

WHAT IT MEANS FOR GLOBAL COMPANIES IN INDIA:

The Bombay High Court’s decision carries multiple consequences for international brands aiming to attain “Well-Known” trademark recognition in India;

• National Interest Paramount: This judgment highlights the paramount importance of national interest and public policy in governing Intellectual property matters in India. Even a widely recognized brands may face significant regulatory issues in India due to its enhanced trademark protections criteria

  
  

• Due Diligence: Companies expanding into the Indian market or seeking to enhance their IP protection now have to go through due diligence, and not just market potential and the current IP geography, but also regulatory framework and possible governmental issues that might affect the brand’s reputation or legal status.

  
  

• Minimal influence of Past Fame/ Prior Recognition: Even a widely known mark may not get well-known status if it has ceased to be identified or noticeable among the public. In present case the TikTok limited , the Court’s conclusion was significantly influenced by the ban and that the mark’s relevance had diminished

The Bombay High Court’s decision to uphold the turndown of “Well-known” mark status for TikTok is a corner ruling which serves as a reminder that fame alone is not enough. A well-known mark under Indian trademark law must exhibit statutory acknowledgment, legal recognition, sustained usage, wide public familiarity and a robust enforcement record.

TikTok’s journey from viral sensation to legal obscurity in India captures the evolving dynamics of brand recognition in a fast-changing digital and regulatory environment. The “dance” of trademark in India now clearly involves further than just steps of popularity; it demands a deep understanding of the nonsupervisory stage and the national rhythm.

Author:  KHUSHI WAGHELA, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

[1] https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Trade_Marks_Act__1940.pdf

[2] Tiktok Ltd. v. Registrar of Trade Marks Mumbai, 2025 SCC OnLine Bom 2323