Recently in June 2025, the Bombay High Court denied TikTok’s request to be recognized as a well-known trademark in India. Despite its past popularity as one of the most downloaded apps in the country, the Court upheld the Trademark Registrar’s earlier refusal, pointing to the app’s ongoing ban in concerns over how the app could affect India’s security and privacy.
This case serves as a reminder for all companies, including globally recognized brands, that in Indian trademark law, fame alone isn’t enough. Let’s break down what happened, why it matters, and lessons from this case.
What Is a “Well-Known Trademark” Under Indian Law?
A Well-Known Trademark is a name, logo, or symbol that is widely familiar to the public and instantly linked to a particular company or product. In India, such marks receive broad legal protection, even beyond the goods or services they’re registered for. This means no one else can use a similar mark, even in a different industry, to prevent misuse or confusion. Examples include names like Nike or Google that are known and trusted globally.
What Was the Case About?
TikTok, since launch, in 2017, instantly gained popularity in India and became one of the country’s most widely used apps. Millions of people were using TikTok for fun, entertainment, and sharing short videos. For many, it wasn’t just a social platform—it became a source of income and recognition. However, things took a sharp turn in 2020 when the Government of India banned TikTok, along with 267 other Chinese apps, citing serious concerns related to data privacy, national security, and user safety. Since then, TikTok has not been available or used legally in India, and the platform has remained inactive in the country ever since.
But because of its massive popularity and strong brand recall in India, TikTok didn’t stop there. In October 2023, TikTok Ltd. filed an application under Rule 124 of the Trade Marks Rules, 2017, requesting that the name “TikTok” be officially recognized as a well-known trademark in India. This special status grants broad legal protection, even across product or service categories where the brand may not be registered—preventing others from using similar names, logos, or branding, even in unrelated industries.
In their argument, TikTok claimed that despite the ongoing ban, the brand had once achieved immense cultural impact and public recognition in India, and that alone should justify granting it the well-known status. But their claim got rejected.
Why did TikTok Fail to Get Well-Known Trademark Status?
Initially, the case was brought before the Registrar of Trademarks in India, who reviewed TikTok Ltd.’s application under Rule 124 of the Trade Marks Rules, 2017. The Registrar rejected the request, stating that TikTok had been banned in India long before the application was filed and was no longer in active use within the country. The decision emphasized that the reasons for the ban—including serious concerns related to national security, data privacy, and public safety—could not be overlooked when considering whether the brand qualified for well-known status.
TikTok moved to the Bombay High Court. The company argued that ongoing use of the trademark in India was not a necessary condition for obtaining recognition as a well-known mark. They highlighted that TikTok had once enjoyed widespread fame, strong public recall, cultural relevance, and deep user engagement across the country. In their view, this earlier prominence and reputation were enough to warrant the elevated trademark status. The company disagreed with the Registrar’s judgment and asked the Court to cancel the decision
But, the Bombay High Court rejected TikTok’s application. The bench, headed by Justice Manish Pitale, observed that the Registrar had acted well within the scope of the law by taking into account the app’s ban under Section 11(6) of the Trade Marks Act. The Court clarified that brand reputation alone does not justify special trademark recognition, particularly in cases where the brand has been prohibited due to concerns related to national security and public interest. As a result, TikTok’s request for well-known trademark recognition in India was officially turned down.
TikTok vs Indian Trademark Law: What We Can Learn
- The ban on TikTok was the primary reason behind the denial of its trademark application. This case highlights a powerful message: no brand is above national interest, regardless of how big or globally recognized it may be.
- This case shows that even global brands need a strong IPR strategy and a clear grasp of local IP laws. When building an IP portfolio, companies must consider not just legal steps, but also the political and regulatory climate. Ignoring local risks—like data laws or national security concerns, can directly affect trademark rights.
- If a product or service is banned by the government, it’s not just a market access issue—it can also weaken or invalidate associated trademark claims.
Conclusion:
The TikTok case serves as a clear reminder that trademark protection depends not just on popularity, but on legal presence, compliance, and alignment with national interest. Even the biggest brands must navigate local IP laws strategically to protect their rights.