In The Indian Hotels Company Limited v. Gaurav Roy Bhatt & Anr,¹ the Delhi High Court formally acknowledged “TAJ” as a well-known trademark in the hospitality sector under Section 2(1)(zg) of the Trade Marks Act, 1999. Here is a clear look at the case, its background, and what it means for the Taj brand and the wider hotel industry.

Background

The Taj Hotels’ Legacy

The Indian Hotels Company Limited (IHCL), which was founded in 1902 under the esteemed Tata Group, opened its first hotel, the Taj Mahal Palace in Mumbai, in 1903. IHCL has become a household name over the last 120 years, running about 350 hotels across 13 countries under the following brands: GINGER (lean luxury), VIVANTA (upscale), SelectQtions (distinctive experiences), and TAJ (luxury). The most valuable of these is still “TAJ,” which stands for both IHCL’s unwavering dedication to excellence and the diversity of Indian culture.

Understanding Well-Known Trademarks

Under Section 2(1)(zg) of the Trade Marks Act, 1999², (“Act”) “well known trade mark”, in relation to any goods or services, means a mark which has become so to the 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 or services and a person using the mark in relation to the first-mentioned goods or services.

A well-known trademark can be a name or logo that a large group of people in a certain market or industry easily recognizes. If someone uses it for different products or services, people might think it is linked to the original brand. It doesn’t need to be known by everyone, just by the people in that specific trade or customer group.

The main parameters to be taken into consideration for judging whether a mark is recognized as “well-known” are:

Public Knowledge and Recognition – The level to which the mark has been recognized in the relevant field.
Duration, Extent, and Geographical Reach – How long and where the mark is in use.
Promotion and Advertisement-up-to what level and extent promotional activities are conducted.
Registration and Enforcement-Protection of the mark in terms of its being legally protected included in this parameter as well as registrations made officially.

The Instant Suit

IHCL initiated legal proceedings against alleged offenders for their illegal use of the “TAJ” name without permission, infringing its trademarks and copyright, intending to pass off services as those of the renowned Taj group. The company argued that such use was likely to mislead consumers and dilute the brand’s distinctiveness.

On January 24, 2025, the defendants submitted to a decree of permanent injunction restraining them from using the mark. The Court passed the decree accordingly.

IHCL also sought a declaration that the TAJ mark be recognized as a well-known trademark under the Trade Marks Act. The defendants did not oppose this request. The Court permitted IHCL to file an affidavit in support of the declaration.

Court’s Analysis

Justice Amit Bansal evaluated the TAJ mark against the criteria laid out in Sections 11(6) and 11(7) of the Act which outline the factors to be considered when determining well-known status. Key evidence submitted by IHCL included:

Duration and Extent of Use – Continuous use of the TAJ mark since 1903 across 350+ hotels in 13 countries.
Recognition and Publicity – TAJ was ranked among India’s strongest brands by Brand Finance in 2020, 2022, and 2023.
Promotion and Digital Presence: Ongoing advertising, CSR activities, and large follower counts across platforms such as Instagram, Facebook, and LinkedIn.
Trademark Registrations: Over 100 trademark registrations in India and numerous others internationally.
Legal Enforcement: Prior successful enforcement actions before the Delhi High Court in CS (COMM) 683/2022, CS (COMM) 498/2023³, and CS (OS) 2304/2008.

Based on the materials on record, the Court found that the TAJ marks satisfied the legal requirements for well-known trademark recognition, and accordingly, moved to declare “TAJ” a well-known trademark in the hospitality sector under Section 2(1)(zg), read with Sections 11(6) and 11(7) of the Trade Marks Act, 1999.

The judgment also notes that the mark VIVANTA, also owned by IHCL, had earlier been recognized as a well-known trademark by the same court in CS (COMM) 560/2022⁴.

Conclusion

The Delhi High Court’s recognition of TAJ as a well-known trademark reinforces the legal protections available to brands with a longstanding reputation and widespread public recognition. By meeting the statutory criteria under the Trade Marks Act, IHCL has secured a stronger position against potential misuse or dilution of its mark in unrelated sectors. This decision not only strengthens the enforceability of the TAJ mark across India but also underscores the importance of consistent brand use, registration, promotion, and enforcement in building a case for well-known status under Indian trademark law.