Knowledge Bank
Trade Marks Act, 1999
Browse 169 published section guides in chapter order. Search by section number or topic to find the provision you need.
Official source checked as of 10 October 2026. Read the official Act.
Source note: 1 June 2026 consolidation; source review on 10 October 2026
Chapter I - Preliminary
Chapter II - The Register and Conditions for Registration
- Section 3Appointment of Registrar and other officers
- Section 4Power of Registrar to withdraw or transfer cases, etc
- Section 5Trade Marks Registry and offices thereof
- Section 6The Register of Trade Marks
- Section 7Classification of goods and services
- Section 8Publication of alphabetical index
- Section 9Absolute grounds for refusal of registration
- Section 10Limitation as to colour
- Section 11Relative grounds for refusal of registration
- Section 12Registration in the case of honest concurrent use, etc
- Section 13Prohibition of registration of names of chemical elements or international non-proprietary names
- Section 14Use of names and representations of living persons or persons recently dead
- Section 15Registration of parts of trade marks and of trade marks as a series
- Section 16Registration of trade marks as associated trade marks
- Section 17Effect of registration of parts of a mark
Chapter III - Procedure for and Duration of Registration
- Section 18Application for registration
- Section 19Withdrawal of acceptance
- Section 20Advertisement of application
- Section 21Opposition to registration
- Section 22Correction and amendment
- Section 23Registration
- Section 24Jointly owned trade marks
- Section 25Duration, renewal, removal and restoration of registration
- Section 26Effect of removal from register for failure to pay fee for renewal
Chapter IV - Effect of Registration
- Section 27No action for infringement of unregistered trade mark
- Section 28Rights conferred by registration
- Section 29Infringement of registered trade marks
- Section 30Limits on effect of registered trade mark
- Section 31Registration to be prima facie evidence of validity
- Section 32Protection of registration on ground of distinctiveness in certain cases
- Section 33Effect of acquiescence
- Section 34Saving for vested rights
- Section 35Saving for use of name, address or description of goods or services
- Section 36Saving for words used as name or description of an article or substance or service
Chapter IVA - Special Provisions Relating to Protection of Trade Marks Through International Registration under the Madrid Protocol
- Section 36AApplication of Act in case of international registration under Madrid Protocol
- Section 36BDefinitions
- Section 36CTrade Marks Registry to deal with international applications
- Section 36DInternational application originating from India
- Section 36EInternational registrations where India has been designated
- Section 36FEffects of international registration
- Section 36GDuration and renewal of international registration
Chapter V - Assignment and Transmission
- Section 37Power of registered proprietor to assign and give receipts
- Section 38Assignability and transmissibility of registered trade marks
- Section 39Assignability and transmissibility of unregistered trade marks
- Section 40Restriction on assignment or transmission where multiple exclusive rights would be created
- Section 41Restriction on assignment or transmission when exclusive rights would be created in different parts of India
- Section 42Conditions for assignment otherwise than in connection with the goodwill of a business
- Section 43Assignability and transmissibility of certification trade marks
- Section 44Assignability and transmissibility of associated trade marks
- Section 45Registration of assignments and transmissions
Chapter VI - Use of Trade Marks and Registered Users
- Section 46Proposed use of trade mark by company to be formed, etc
- Section 47Removal from register and imposition of limitations on ground of non-use
- Section 48Registered users
- Section 49Registration as registered user
- Section 50Power of Registrar for variation or cancellation of registration as registered user
- Section 51Power of Registrar to call for information relating to agreement in respect of registered users
- Section 52Right of registered user to take proceedings against infringement
- Section 53No right of permitted user to take proceeding against infringement
- Section 54Registered user not to have right of assignment or transmission
- Section 55Use of one of associated or substantially identical trade marks equivalent to use of another
- Section 56Use of trade mark for export trade and use when form of trade connection changes
Chapter VII - Rectification and Correction of the Register
Chapter VIII - Collective Marks
- Section 61Special provisions for collective marks
- Section 62Collective mark not to be misleading as to character or significance
- Section 63Application to be accompanied by regulations governing use of collective marks
- Section 64Acceptance of application and regulations by Registrar
- Section 65Regulations to be open to inspection
- Section 66Amendment of regulations
- Section 67Infringement proceedings by registered proprietor of collective mark
- Section 68Additional grounds for removal of registration of collective mark
Chapter IX - Certification Trade Marks
- Section 69Certain provisions of this Act not applicable to certification trade marks
- Section 70Registration of certification trade marks
- Section 71Applications for registration of certification trade marks
- Section 72Consideration of application for registration by Registrar
- Section 73Opposition to registration of certification trade marks
- Section 74Filing of regulations governing use of a certification trade mark
- Section 75Infringement of certification trade marks
- Section 76Acts not constituting infringement of certification trade marks
- Section 77Cancellation or varying of registration of certification trade marks
- Section 78Rights conferred by registration of certification trade marks
Chapter X - Special Provisions for Textile Goods — Omitted
Chapter XI - Appeals
- Section 83Establishment of Appellate Board — omitted
- Section 84Composition of Appellate Board — omitted
- Section 85Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members — omitted
- Section 86Term of office of Chairperson, Vice-Chairperson and other Members — omitted
- Section 87Vice-Chairperson or senior-most Member acting as Chairperson — omitted
- Section 88Salaries, allowances and terms of service of Chairperson and other Members — omitted
- Section 89Resignation and removal — omitted
- Section 89AQualifications and terms of service of Chairperson, Vice-Chairperson and member — omitted
- Section 90Staff of Appellate Board — omitted
- Section 91Appeals to High Court
- Section 92Procedure and powers of Appellate Board — omitted
- Section 93Bar of jurisdiction of courts — omitted
- Section 94Bar to appear before Registrar
- Section 95Conditions for interim orders — omitted
- Section 96Transfer of cases between Appellate Board Benches — omitted
- Section 97Procedure for application for rectification, etc., before High Court
- Section 98Appearance of Registrar in legal proceedings
- Section 99Costs of Registrar before Appellate Board — omitted
- Section 100Transfer of pending proceedings to Appellate Board — omitted
Chapter XII - Offences, Penalties and Procedure
- Section 101Meaning of applying trade marks and trade descriptions
- Section 102Falsifying and falsely applying trade marks
- Section 103Penalty for applying false trade marks, trade descriptions, etc
- Section 104Penalty for selling goods or providing services to which false trade mark or false trade description is applied
- Section 105Enhanced penalty on second or subsequent conviction
- Section 106Penalty concerning removal of piece goods — omitted
- Section 107Penalty for falsely representing a trade mark as registered
- Section 108Penalty for falsely describing a business as connected with the Trade Marks Office — omitted
- Section 109Penalty for falsification of register entries — omitted
- Section 110No offence in certain cases
- Section 111Forfeiture of goods
- Section 112Exemption of certain persons employed in ordinary course of business
- Section 112AAdjudication of penalties
- Section 112BAppeal
- Section 113Procedure where invalidity of registration is pleaded by the accused
- Section 114Offences by companies
- Section 115Cognizance of certain offences and the powers of police officer for search and seizure
- Section 116Evidence of origin of goods imported by sea
- Section 117Costs of defence or prosecution
- Section 118Limitation of prosecution
- Section 119Information as to commission of offence
- Section 120Punishment of abetment in India of acts done out of India
- Section 121Instructions of Central Government as to permissible variation to be observed by criminal courts
Chapter XIII - Miscellaneous
- Section 122Protection of action taken in good faith
- Section 123Certain persons to be public servants
- Section 124Stay of proceedings where the validity of registration of the trade mark is questioned, etc
- Section 125Application for rectification of register to be made to High Court in certain cases
- Section 126Implied warranty on sale of marked goods
- Section 127Powers of Registrar
- Section 128Exercise of discretionary power by Registrar
- Section 129Evidence before Registrar
- Section 130Death of party to a proceeding
- Section 131Extension of time
- Section 132Abandonment
- Section 133Preliminary advice by the Registrar as to distinctiveness
- Section 134Suit for infringement, etc., to be instituted before District Court
- Section 135Relief in suits for infringement or for passing off
- Section 136Registered user to be impleaded in certain proceedings
- Section 137Evidence of entries in register, etc., and things done by the Registrar
- Section 138Registrar and other officers not compellable to produce register etc
- Section 139Power to require goods to show indication of origin
- Section 140Power to require information of imported goods bearing false trade marks
- Section 141Certificate of validity
- Section 142Groundless threats of legal proceedings
- Section 143Address for service
- Section 144Trade usages, etc., to be taken into consideration
- Section 145Agents
- Section 146Marks registered by an agent or representative without authority
- Section 147Indexes
- Section 148Documents open to public inspection
- Section 149Reports of Registrar to be placed before Parliament
- Section 150Fees and surcharge
- Section 151Savings in respect of certain matters in Chapter XII
- Section 152Declaration as to ownership of trade mark not registrable under the Registration Act, 1908
- Section 153Government to be bound
- Section 154Special provisions relating to applications for registration from citizens of convention countries
- Section 155Provision as to reciprocity
- Section 156Power of Central Government to remove difficulties
- Section 157Power to make rules
- Section 158Amendments
- Section 159Repeal and savings
Need help applying a provision to your business?
Talk to the Bizeneed team about your specific facts.