Bombay High Court refuses to grant TikTok well-known trademark status

The Bombay High Court has refused to grant "well-known" trademark status to the popular short-video platform, TikTok. A "well-known" status provides a higher degree of protection to a trademark, preventing others from registering or using similar marks across a wide range of goods and services. The court likely based its decision on the fact that TikTok has been banned in India since 2020. It may have reasoned that a trademark cannot be considered "well-known" among the Indian public if the service it represents is not legally available in the country. To achieve this special status, a trademark must have a significant reputation and recognition within a substantial segment of the relevant public in India. The court's refusal suggests that the current unavailability of the app in the Indian market was a critical factor in its decision.