Chapter XIII - Miscellaneous
Section 122
Section 122: Good-faith action protection
The section protects acts or intended acts done in good faith in pursuance of this Act from the specified legal proceedings.
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Need advice on Section 122?
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
No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act.
Rule and business relevance
Both good faith and a connection to carrying out the Act matter. The text covers intended as well as completed acts within that scope.
Limits and related provisions
It is not blanket immunity for every commercial act involving a brand or for conduct merely labelled well-intentioned. Identify the statutory function and facts supporting good faith.
Hypothetical business example
Hypothetical example: A person acting under the Act faces a claim about that action. The relevant statutory authority and good-faith conduct are assessed before relying on the protection.
Practical decision flow
Identify the act or intended act challenged.
Locate the connection to carrying out the Act.
Preserve the facts relevant to good faith.
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 the act or intended act challenged.
- Locate the connection to carrying out the Act.
- Preserve the facts relevant to good faith.
Avoid
- It is not blanket immunity for every commercial act involving a brand or for conduct merely labelled well-intentioned. Identify the statutory function and facts supporting good faith.
Glossary
- Good-faith action
- Conduct meeting the legal good-faith requirement in the stated statutory setting.
- Statutory connection
- The requirement that the act pursue this Act.
Frequently asked questions
Does the text cover intended acts?
Yes, where the stated requirements are met.
Is every brand-related act protected?
No. The statutory connection and good-faith requirements matter.
Can a label of good faith settle the issue?
The actual conduct and applicable legal test must be assessed.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026