FamousX India Pvt. Ltd. is seeking protection for its trademark "FAMOUSX" and a declaration that this mark, along with its variations such as "FAMOUSX BHUJIAWALA," qualifies as a "well-known" mark under Section 2(1)(zg)

Legal Grounds for FamousX India Pvt. Ltd.'s Claim- Trademark Protection: FamousX India Pvt. Ltd. can seek protection under the Trade Marks Act, 1999, which provides for the registration and protection of trademarks. The Act allows the owner of a registered trademark to prevent others from using identical or deceptively similar marks that could cause confusion among consumers. Well-Known Mark: Under Section 2(1)(zg) of the Trade Marks Act, 1999, a "well-known" trademark is one that has become widely recognized among a substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods and services and a person using the mark in relation to the first-mentioned goods or services. Section 11(6) of the Trade Marks Act, 1999 lays down the criteria for a mark to be recognized as "well-known" under the Act and states as follows: The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including- the knowledge or recognition of that trade mark in the relevant section of the public including knowledge in India obtained as a result of promotion of the trade mark; the duration, extent and geographical area of any use of that trade mark; the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies; the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent that they reflect the use or recognition of the trade mark; the record of successful enforcement of the rights in that trade mark, in particular the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record. The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account- the number of actual or potential consumers of the goods or services; the number of persons involved in the channels of distribution of the goods or services; the business circles dealing with the goods or services Defenses by FamousX Restro Pvt. Ltd.- Fair Use: FamousX Restro Pvt. Ltd. might argue that their use of the mark is descriptive or nominative, which is allowed under the fair use doctrine. This defense is valid if the mark is used in good faith for descriptive purposes and not to mislead consumers. Prior Use: If FamousX Restro Pvt. Ltd. can prove that they were using the mark before FamousX India Pvt. Ltd. registered it, they might have a valid defense. Prior use can establish rights over a trademark even if it is not registered. No Likelihood of Confusion: They could argue that there is no likelihood of confusion between the two marks due to differences in the goods or services offered, the market segments targeted, or the overall presentation of the marks. Section 11(10): While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall- protect a well-known trade mark against the identical or similar trade marks; take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.