Section 84 Trade Marks Act 1999 enables the Central Government to declare a trade mark to be 'WELL-KNOWN'. The Registrar shall give consideration to (Section 11(7)) the following factors EXCEPT:

1. Section 11(7) Trade Marks Act 1999 enumerates FIVE factors for determining whether a mark is well-known: (i) knowledge or recognition of the trade mark in the relevant section of the public including knowledge obtained as a result of promotion; (ii) duration, extent and geographical area of any use of that trade mark; (iii) duration, extent and geographical area of any promotion of the trade mark; (iv) duration and geographical area of any registration of or any application for registration; (v) record of successful enforcement of the rights, including any judicial recognition. 2. The COLOUR PALETTE used in advertising is NOT one of the listed factors. 3. Section 11(9) lists factors that the Registrar shall NOT REQUIRE for well-known determination (use in India, registration in India, etc.). 4. Hence option D is the correct exception. _Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 — Trade Marks Act 1999, Section 11(7)_