Section 11(6) read with Sections 11(7) and 11(9) Trade Marks Act 1999 defines a 'WELL-KNOWN TRADE MARK' and the factors to be considered. Which of the following is NOT a factor under Section 11(7)?

1. Section 11(7) Trade Marks Act 1999 enumerates factors the Registrar shall consider in determining whether a mark is well-known: (i) the knowledge or recognition of the trade mark in the relevant section of the public including knowledge obtained as a result of promotion of the trade mark; (ii) the duration, extent and geographical area of any use of that trade mark; (iii) the duration, extent and geographical area of any promotion of the trade mark; (iv) the duration and geographical area of any registration of or any application for registration; (v) the record of successful enforcement of the rights of the trade mark, including any judicial recognition. 2. Section 11(9): the Registrar shall NOT REQUIRE as a condition for determination that mark is well-known any of: (i) use in India; (ii) registration in India / application; (iii) registration in any other jurisdiction; (iv) being well-known to public at large in India. 3. The proprietor's MARKETING BUDGET RATIO TO GDP is NOT a Section 11(7) factor. 4. Hence option D is correct. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 11(7) and Section 11(9)_