By Gaurav Bhalla of Ahlawat & Associates
The Bombay High Court recently affirmed the order of the Registrar of Trade Marks whereby TikTok’s application for declaration of its mark as well-known in India was disallowed. Interestingly, this decision (by the Bombay High Court) was not on merits but rather had a heavy influence of sovereignty and integrity of India, its defence and public order. This judgment might serve a message to trademark owners of global digital products to be cautious of the manner of operating their products in India.
TikTok was launched in India in 2017 and became an instant hit with its unique algorithm which offered tailored and engaging short-form content to users. TikTok also obtained a trademark registration further strengthening its trademark rights in India. Subsequently, it filed an application for declaration of its mark as well-known as per the procedure laid down under the Trade Marks Rules, 2017. Interestingly, while the application (for declaration of the mark as well-known) was being examined, TikTok was banned in India (in 2020) citing national security concerns (owing to allegations of data privacy owing to its servers located outside India, circulation of inappropriate content, etc.).