Chapter XII - Offences, Penalties and Procedure
Section 101
Section 101: Applying marks and trade descriptions
Applying a mark can include packaging, trade documents and service-related uses, not just printing directly on a product.
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Need advice on Section 101?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) A person shall be deemed to apply a trade mark or mark or trade description to goods or services who—
(a) applies it to the goods themselves or uses it in relation to services; or
(b) applies it to any package in or with which the goods are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture; or
(c) places, encloses or annexes any goods which are sold, or exposed for sale, or had in possession for sale or for any purpose of trade or manufacture, in or with any package or other thing to which a trade mark or mark or trade description has been applied; or
(d) uses a trade mark or mark or trade description in any manner reasonably likely to lead to the belief that the goods or services in connection with which it is used are designated or described by that trade mark or mark or trade description; or
(e) in relation to the goods or services uses a trade mark or trade description in any sign, advertisement, invoice, catalogue, business letter, business paper, price list or other commercial document and goods are delivered or services are rendered to a person in pursuance of a request or order made by reference to the trade mark or trade description as so used.
(2) A trade mark or mark or trade description shall be deemed to be applied to goods whether it is woven in, impressed on, or otherwise worked into, or annexed or affixed to, the goods or to any package or other thing.
Rule and business relevance
The deemed applications cover the five listed situations. For commercial documents under clause (e), the section also connects the use with delivery of goods or rendering of services following an order referring to that use. Subsection (2) covers different physical methods of application.
Limits and related provisions
This definition does not by itself establish every element of a criminal offence. Identify the relevant offence and its separate conditions. For clause (e), retain the required transaction link.
Hypothetical business example
Hypothetical example: A catalogue uses a brand and a customer orders goods by reference to it. The business reviews whether that use is a deemed application even if the goods carry no printed logo.
Practical decision flow
Identify where and how the mark or description was used.
Match the use and any transaction connection to the relevant limb.
Apply the separate offence or other provision requiring that definition.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify where and how the mark or description was used.
- Match the use and any transaction connection to the relevant limb.
- Apply the separate offence or other provision requiring that definition.
Avoid
- This definition does not by itself establish every element of a criminal offence. Identify the relevant offence and its separate conditions. For clause (e), retain the required transaction link.
Glossary
- Deemed application
- A use treated by the Act as applying a mark or description.
- Commercial-document connection
- The order and supply connection specified in clause (e).
Frequently asked questions
Must the mark be printed on the goods?
No. Packaging and other listed uses can qualify.
Does the definition cover services?
Yes, in the specified limbs.
Does this section alone prove an offence?
No. The elements of the relevant offence must also be considered.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026