On October 31, 2023, India’s Registrar of Trademarks denied TikTok’s application for “well-known trademark” status. TikTok Ltd. filed a petition before the Bombay High Court to challenge the registrar’s decision. On June 10, 2025, the high court dismissed the petition, upholding the earlier ruling.

The TikTok app has been banned in India since June 2020 due to concerns over data privacy and national security. India’s Ministry of Electronics and Information Technology said that applications such as TikTok are “prejudicial to the sovereignty and integrity of India, defence of India, security of state and public order.” The 2023 ruling stemmed from this government ban.

To determine whether a mark should be granted the well-known trademark status, several factors must be considered: the extent and duration of the trademark’s use, its geographical reach, the scale and nature of its promotion, the proprietor’s reputation and goodwill, the business conducted under the mark, among others.

In TikTok’s case, its failure to qualify as a well-known trademark was not based on any of these factors. Its application was denied due to concerns related to national security and the brand’s negative public perception in India.

“The high court, by upholding the Registrar’s decision, has made it clear that even if a trademark satisfies the criteria for being recognized as well-known, it may still be denied such status if broader national interests are at stake,” said Aditi Verma Thakur, a senior partner at Ediplis Counsels in Bengaluru. “While some may view this ruling as ultra viresor exceeding the legal mandate, others argue that in light of the ban and the associated notoriety, TikTok lacks the requisite goodwill in the Indian market.”

It remains to be seen whether TikTok will appeal the high court’s decision.

“However, the key takeaway is that both the registrar and the high court have exercised judicial discretion in refusing TikTok’s application. This case may prompt a reconsideration of the statutory framework, potentially leading to amendments that clearly articulate the permissible grounds and limitations for denying well-known status to trademarks, especially when such refusals are based on factors beyond traditional legal criteria,” said Thakur.

- Espie Angelica A. de Leon