JUDGMENT

Prathiba M. Singh, J.

[This judgment has been pronounced through hybrid mode]

1. The present appeal has been filed by the Appellant-M/s Kamdhenu Ltd. under Section 91(1) of the Trade Marks Act, 1999 (hereinafter, `the 1999 Act') challenging the impugned order dated 23rd April 2019 passed by the Respondent No. 1-Registrar of Trade Marks, New Delhi (hereinafter, `the Registrar') under Rule 124 of the Trade Mark Rules, 2017 (`hereinafter, 2017 Rules').

Background

2. By the impugned order, the Application bearing no. `TM-M 764900' dated 17th August 2017 (hereinafter, `the Application') filed by the Appellant, seeking inclusion of the trademark `KAMDHENU' in the List of Well-Known Trademarks, was rejected by the Registrar.

3. The primary reason given by the Registrar for rejecting the grant of the Application is that the Appellant failed to provide evidence of the well- known status of the mark by way of an affidavit. The operative portion of the impugned order is set out below:

"1. Applicant has not submitted any evidence on affidavit so it is noted that determination of the well- known status cannot be done under provision of sec. 11 (6) or (7) of the TM Act, 1999.

2. Ld. Couns