(9)The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:—(i)that the trade mark has been used in India;(ii)that the trade mark has been registered;(iii)that the application for registration of the trade mark has been filed in India;(iv)that the trade mark—(a)is well known in; or(b)has been registered in; or(c)in respect of which an application for registration has been filed in, any jurisdiction other than India; or(v)that the trade mark is well-known to the public at large in India.
