Use this guide to find the relevant part of the Trade Marks Act, 1999, the Trade Marks Rules, 2017, current amendments and official forms. Each topic starts with what the provision means and what to check in practice.
Last reviewed: 8 October 2026.
Sections that often matter in a reply or dispute
Use a draft only after checking the precise ground, the filed mark and the evidence. A logo, tagline, different spelling or different class does not automatically remove an objection.
Section 9(1)(a) — No distinctive character
The question is whether customers can recognise the mark as identifying one business.
What to check: Explain coined, arbitrary or otherwise source-identifying features in the whole mark. If relying on acquired distinctiveness, use evidence showing that position before the filing date.
Section 9(1)(b) — Exclusively descriptive wording
The wording may describe the kind, quality, purpose, value, origin or another characteristic of the actual goods or services.
What to check: Explain the whole mark in its business context. A small spelling change or a logo does not automatically make descriptive wording separately protectable.
Section 9(1)(c) — Customary language or trade terms
The mark may consist exclusively of expressions customary in current language or established trade practice.
What to check: Check dictionaries and actual trade use. Identify any real source-identifying features and support any claim of acquired distinctiveness.
Section 9(1) proviso — Acquired distinctiveness
A mark may fall within the proviso if it acquired distinctive character through use before the application date, or is a well-known mark.
What to check: Use dated mark-specific invoices, sales, promotion and recognition. Business age alone is not enough, and this proviso is not an automatic answer to the separate exclusions in Sections 9(2) or 9(3).
Section 9(2)(a) — Deception or public confusion
The mark itself may mislead customers, including through a false characteristic or origin.
What to check: Explain truthful product and origin particulars and the exact specification. Do not confuse this ground with the earlier-mark comparison under Section 11.
Section 9(2)(b) — Religious susceptibilities
The provision concerns matter likely to hurt the religious susceptibilities of a class or section of Indian citizens.
What to check: Assess the exact word, image and context. A religious term is not covered by a blanket promise that it is always allowed or always barred.
Section 9(2)(c) — Scandalous or obscene matter
The content may be scandalous or obscene.
What to check: Assess meaning and context honestly. Consider a legally permissible correction or a different mark if the filed matter cannot be defended.
Section 9(2)(d) — Protected names and emblems
Use prohibited by the Emblems and Names (Prevention of Improper Use) Act, 1950 is a ground for refusal.
What to check: Check the protected names and emblems and any applicable permission. Styling a protected element differently is not an automatic solution.
Section 9(3) — Excluded shapes
The exclusions cover a shape resulting from the nature of the goods, necessary for a technical result, or giving substantial value to the goods.
What to check: Evaluate the reason for the shape and the whole filing. Ordinary use evidence does not automatically overcome an excluded shape.
Section 11(1) — Confusion with an earlier mark
Identical or similar marks for identical or similar goods or services may create a likelihood of public confusion or association.
What to check: Compare sound, appearance, meaning, goods or services and market context. Check the cited mark’s status, but do not ignore continuing earlier-use rights.
Section 11(2) — Well-known mark on different goods
A well-known earlier mark in India may receive protection against unfair advantage or detriment even where the goods or services differ.
What to check: Check the evidence and legal requirements for well-known status. Read this with Section 11(5), which addresses how the ground is raised in opposition.
Section 11(3) — Passing off or copyright
Use may be prevented by passing-off law protecting an unregistered mark, or by copyright law.
What to check: Identify the actual earlier goodwill or copyright ownership and supporting evidence. Read the opposition condition in Section 11(5).
Section 11(4) — Consent from the earlier owner
Consent can support registration, including consideration under Section 12.
What to check: Use clear written consent covering the mark, applicant and goods or services. Registrar discretion and other statutory grounds remain.
Section 11(10) — Well-known protection and bad faith
The Registrar must consider well-known protection and bad faith affecting the trademark rights.
What to check: Explain the real adoption history, dealings and relevant rights. A statement of honest intention alone is not a substitute for evidence.
Section 12 — Honest concurrent use or special circumstances
The Registrar may permit appropriate concurrent registrations, subject to conditions or limitations.
What to check: Document honest adoption, actual concurrent use, geography, sales and confusion evidence. This is a discretionary, evidence-dependent route.
Section 18 — Applicant and proprietorship
The applicant must claim to be the proprietor of a mark used or proposed to be used.
What to check: Use the correct legal owner and explain any predecessor or assignment chain. Do not assume incorporation proves first use.
Section 21 — Opposition before registration
A third party may oppose a published application; the applicant then has a separate counterstatement and evidence procedure.
What to check: Read the stage-by-stage timeline below. An examination reply does not replace the TM-O counterstatement.
Section 28 and 29 — Registration rights and infringement
A valid registration provides statutory rights for the registered goods or services, subject to the Act.
What to check: Identify the particular infringement test, registration limits and actual use complained of. A certificate is not a monopoly over every product or every word in a composite mark.
Section 30 — Limits and defences
Honest reference or descriptive use and exhaustion can limit registration rights where the statutory conditions are met.
What to check: Check how the mark is used and the surrounding facts. These provisions do not give general permission to imitate another business’s branding.
Section 34 — Continuous earlier use
Proved continuous use before the earlier of the other proprietor’s relevant use or registration date can protect vested rights.
What to check: Build a dated evidence chain for the relevant goods or services and any predecessor. An unsupported earlier date is not enough.
Section 35 — Bona fide names and descriptions
The Act preserves specified bona fide own-name, place-of-business and descriptive uses.
What to check: Assess honesty and presentation. Using your own name is not an automatic defence to deceptive branding.
Section 47 — Removal for non-use
There are separate grounds involving lack of bona fide intention with no use, and continuous non-use for five years or longer.
What to check: For the five-year ground, examine the actual date of entry in the register and the three-month lookback, together with use and statutory exceptions. Do not count mechanically from the filing date.
Section 57 — Rectification after registration
A person aggrieved may seek specified cancellation, variation or correction of the register.
What to check: Identify the defective entry or legal ground, evidence and correct forum, including Sections 124 and 125 where infringement litigation is involved.
Section 25; Rules 57–60 — Renewal and restoration
Registration runs in ten-year terms. Ordinary renewal, surcharge renewal and restoration are different stages.
What to check: Check the expiry date and notices. Rule 58 includes special cases where actual registration occurs shortly before or after renewal becomes due.
Section 9 reply guide · Section 11 reply guide · Relevant case-law notes
Opposition: the sequence and deadline trigger
| Stage | What to file or do | Prescribed period | Rule |
|---|---|---|---|
| Journal publication | Notice of opposition on TM-O. | Within four months from publication of the Journal advertising or re-advertising the application. | Rule 42 |
| Notice received from the Registrar | Verified counterstatement on TM-O. | Within two months from the applicant’s receipt of the notice copy from the Registrar. Section 21(2) provides deemed abandonment for failure to file. | Rule 44 |
| Counterstatement served on opponent | Affidavit evidence or the prescribed written reliance-intimation; send copies and exhibits to the applicant and inform the Registrar of delivery. | Within two months from service of the counterstatement. No action attracts deemed abandonment of the opposition under Rule 45(2). | Rule 45 |
| Opponent’s evidence or reliance-intimation received | Applicant’s affidavit evidence or prescribed reliance-intimation; send copies to the opponent. | Within two months from receipt of the opponent’s affidavit copies or reliance-intimation. No action attracts deemed abandonment of the application under Rule 46(2). | Rule 46 |
| Applicant’s affidavit received by opponent | Reply affidavit, with copies and exhibits served on the applicant and delivery intimated to the Registrar. | Within one month from receipt of the applicant’s affidavit copies. | Rule 47 |
| Further evidence or translations | Further evidence requires leave. A document in another language needs an attested Hindi or English translation and a copy for the opposite party. | As permitted or directed; there is no unrestricted additional evidence round. | Rule 48 and 49 |
| Hearing | Prepare written arguments and relevant evidence. Adjournment requests are on TM-M. | The first hearing is at least one month after the first notice. A Rule 50 adjournment request must be made at least three days before the hearing; no more than two per party, each not more than thirty days. | Rule 50 |
Keep proof of service and delivery. Rules 45–47 evidence deadlines have been interpreted differently in court decisions. File within the prescribed periods; an overdue case needs review of the applicable decision, facts and orders. Do not assume an extension will be granted.
Trade Marks Act: topic index
The labels below are plain-language navigation. Read the current consolidated statutory text for the exact provision and amendment notes.
Sections 1–2 — Definitions and the basic law
Start with what a trademark, proprietor, permitted use and well-known mark mean. The definitions help distinguish ownership from permission to use a brand.
Sections 3–8 — The Registry, register and classification
These provisions cover the Registrar, Registry offices, the register and classification. Office jurisdiction is an administrative question; an Indian registration is not limited to the city where it is filed.
Sections 9–17 — Which marks may be registered
Read all absolute refusal grounds in Section 9, earlier-right conflicts in Section 11 and honest concurrent use in Section 12. This group also covers colour, prohibited chemical names and INNs, personal names, series and associated marks, and the limits of protection for parts of a mark.
Sections 18–26 — Applications, publication, opposition and renewal
This is the main filing route: proprietorship, acceptance, correction, Journal advertisement, opposition, registration, joint ownership, renewal, removal and restoration.
Sections 27–36 — Rights, infringement and their limits
Registration rights are subject to statutory limits. This group includes passing off, infringement, honest use, validity, acquiescence, continuous earlier use, bona fide own-name use and words that become product descriptions.
Sections 36A–36G — Madrid international registration
The Madrid system provides a route to seek protection in designated member territories. It is not one worldwide registration: each designated territory applies its own examination and protection rules.
Sections 37–45 — Assignment and transmission
An assignment transfers ownership. Check goodwill, restrictions against confusion, advertisement directions where goodwill is not transferred, and prompt recordal of the new title under Section 45.
Sections 46–56 — Use, licences and registered users
These provisions address planned company ownership, non-use, permitted use, registered-user applications and their variation or cancellation. A written permitted-use licence and formal registered-user recordal are distinct concepts.
Sections 57–60 — Rectification and changes to the register
These provisions cover cancellation, variation, wrongful entries, correction, alteration and reclassification. The correct Registrar or High Court route depends on the issue and any pending litigation.
Sections 61–68 — Collective marks
A collective mark identifies qualifying members of an association. The regulations governing use, membership and control are central to the application and continuing registration.
Sections 69–78 — Certification marks
A certification mark indicates certified characteristics, rather than one trader’s commercial source. This group covers the certifying body, regulations, registration, infringement and cancellation.
Sections 79–82 — Historical textile-goods provisions
This chapter was omitted by the 2010 amendment. It belongs in a historical index, not a checklist of present filing requirements.
Sections 83–100: check the current retained provisions — High Court appeals after IPAB abolition
The former IPAB establishment provisions were largely omitted. Section 91 now provides appeals to the High Court; current court jurisdiction and procedural rules must be used instead of old IPAB filing instructions.
Sections 101–121, including 112A and 112B — Offences, monetary penalties and adjudication
Distinguish counterfeiting and false-mark offences under Sections 103 and 104 from falsely representing a mark as registered under Section 107. The Jan Vishwas amendments changed Section 107 and introduced administrative adjudication and appeal.
Sections 122–133 — Registry procedure and discretion
This group includes validity disputes in litigation, Registrar powers, hearings, evidence, withdrawal, abandonment, time-extension powers and preliminary advice. An extension request is not an assured remedy for a missed deadline.
Sections 134–141 — Court remedies and legal evidence
These provisions deal with court jurisdiction, injunctions, damages or accounts of profits, party requirements and certified legal evidence. A registration certificate and a legal proceeding certificate serve different purposes.
Sections 142–159 — Agents, fees, service, treaties and savings
Read the provisions on groundless threats, service, representation, agents, fees, inspection, convention priority, rulemaking and transitional savings alongside the applicable current rules and notifications.
Trade Marks Rules, 2017: topic index
Part I, Chapter I · Rules 1–22 — General filing requirements
Forms, fees, signing, the appropriate office, address and service, agent authorisation, classification, preliminary advice and TM-C certificates.
Part I, Chapter II · Rules 23–56 — Application to registration
TM-A, priority, use affidavits, mark representation, translations and consent; deficiencies, examination, hearings, amendment, publication, opposition and registration.
Part I, Chapter III · Rules 57–61 — Renewal and restoration
TM-R, renewal notices, special delayed-registration cases, surcharge, removal, restoration and advertisement.
Part I, Chapter IV · Rules 62–74 — Madrid Protocol
International applications originating in India, Indian designations, electronic correspondence, protection and international changes.
Part I, Chapter V · Rules 75–85 — Assignment and transmission
TM-P title recordal, proof, instrument stamping, without-goodwill advertisement directions and the special company-to-be-formed case.
Part I, Chapter VI · Rules 86–95 — Registered users
Joint TM-U applications, agreements, evidence, control, the Rule 86(3) agreement window, variation, cancellation and intervention.
Part I, Chapter VII · Rules 96–105 — Rectification and register changes
Rectification cases and counterstatements, evidence, proprietor details, cancellation, alteration and reclassification.
Part I, Chapter VIII · Rules 106–129 — Other proceedings and evidence
GI conflicts, division, extensions, discretion, irregularities, hearings, costs, review, affidavits, certified copies, INNs, well-known requests and records. Old IPAB references must be read subject to the amended Act.
Part II · Rules 130–135 — Collective marks
Regulations, statement of case, examination, opposition, renewal, amendment and removal.
Part III · Rules 136–141 — Certification marks
Regulations, statement of case, examination, cancellation, amendment and assignment consent.
Part IV · Rules 142–156 — Trademark agents
Qualifications, applications, continuance, removal, restoration, altered particulars, the agents register and the current appeal route.
Part V · Rules 157 — Registry language
English and Hindi documents, permitted language use and translations of final orders.
Part VI · Rules 158 — Repeal and prior acts
Repeal of the 2002 Rules, without prejudice to prior acts as provided.
Schedules · Rules First to Fourth — Fees, forms and costs
First Schedule: fees. Second Schedule: applicant TM forms. Third Schedule: Registry RG forms. Fourth Schedule: costs. Office jurisdiction is governed separately by Rule 4 and current notifications.
The eight main applicant forms under the 2017 Rules
| Form | Purpose |
|---|---|
| TM-A | New trademark applications, including the applicable collective, certification or series mark application. |
| TM-M | Specified miscellaneous requests, such as amendment, review, certified copies, extension, expedited processing and well-known determination. Rule 19 also prescribes agent authorisation in this form. |
| TM-O | Opposition, counterstatement, rectification and specified contested applications. |
| TM-R | Renewal, renewal with surcharge, and restoration with renewal. |
| TM-P | Assignment or transmission recordal, changes to registered proprietor particulars and specified post-registration requests. |
| TM-U | Registered-user applications, variation, cancellation and specified intervention. |
| TM-C | Search and certificate for an artistic work under Section 45 of the Copyright Act, 1957. |
| TM-G | Trademark-agent registration, continuance, restoration or alteration of registered particulars. |
Registry-issued RG forms are in a separate schedule. The 2024 administrative inquiry rules also have Forms I, II and III for their distinct procedure.
Download official forms and check government fees · Forms explained
Appeals and legal updates
High Court appeals: use the current forum
After the Tribunals Reforms Act, 2021, the former IPAB is no longer the current statutory appeal forum. Section 91 provides appeals to the High Court. Check the appropriate High Court, its filing rules, the communicated order and the applicable limitation calculation; a Registry review and a statutory appeal are different remedies.
Jan Vishwas amendments: effective 1 August 2024
Section 107 concerns falsely representing a mark as registered. Its old imprisonment provision was replaced with a monetary penalty: one-half per cent of the relevant audited sales, turnover or professional gross receipts, or ₹5,00,000, whichever is less. Sections 112A and 112B provide administrative adjudication and appeal. Sections 106, 108 and 109 were omitted. These changes should not be confused with the separate counterfeiting offences under Sections 103 and 104.
The 2024 inquiry and appeal rules
The Trade Marks (Holding Inquiry and Appeal) Rules, 2024 provide an electronic procedure for the Section 107 administrative matter: a complaint on Form I, response and evidence on Form II, and an appeal on Form III. This is separate from a TM-O opposition and a Section 91 High Court appeal.
Use current official notices and classification
Registry notices, hearing instructions and official forms can change. Read the issue date and status of a document. A draft manual or draft amendment should be identified as a draft; it should not be described as enacted law. For Madrid coverage, procedures and fees, use the current WIPO Madrid resources.
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