Chapter XIII - Miscellaneous
Section 139
Section 139: Notified origin indications on goods
The Central Government can require specified goods to carry country, place or manufacturer-related indications through a Gazette notification.
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Need advice on Section 139?
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) The Central Government may, by notification in the Official Gazette, require that goods of any class specified in the notification which are made or produced beyond the limits of India and imported into India, or, which are made or produced within the limits of India, shall, from such date as may be appointed by the notification not being less than three months from its issue, have applied to them an indication of the country or place in which they were made or produced, or of the name and address of the manufacturer or the person for whom the goods were manufactured.
(2) The notification may specify the manner in which such indication shall be applied that is to say, whether to goods themselves or in any other manner, and the times or occasions on which the presence of the indication shall be necessary, that is to say, whether on importation only, or also at the time of sale, whether by wholesale or retail or both.
(3) No notification under this section shall be issued, unless application is made for its issue by persons or associations substantially representing the interests of dealers in, or manufacturers, producers, or users of, the goods concerned, or unless the Central Government is otherwise convinced that it is necessary in the public interest to issue the notification, with or without such inquiry, as the Central Government may consider necessary.
(4) The provisions of section 23 of the General Clauses Act, 1897 (10 of 1897) shall apply to the issue of a notification under this section as they apply to the making of a rule or bye-law the making of which is subject to the condition of previous publication.
(5) A notification under this section shall not apply to goods made or produced beyond the limits of India and imported into India, if in respect of those goods, the Commissioner of Customs is satisfied at the time of importation that they are intended for exportation whether after transshipment in or transit through India or otherwise.
Rule and business relevance
The notification sets the goods, manner and occasions of marking, with an operative date at least three months after issue. The section includes representative-interest or public-interest conditions, previous-publication procedure and a Customs-satisfied export-intention exception for qualifying imports.
Limits and related provisions
Do not infer a universal labelling format from this enabling section. Check the actual notification and other applicable labelling laws; transit status alone does not replace the specified Customs satisfaction.
Hypothetical business example
Hypothetical example: An importer checks whether its goods fall within an origin-indication notification and whether an intended re-export consignment meets the statutory exception.
Practical decision flow
Identify any applicable goods-specific notification.
Check its commencement date, marking form and required occasions.
Document any claimed export-intention exception and Customs assessment.
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 any applicable goods-specific notification.
- Check its commencement date, marking form and required occasions.
- Document any claimed export-intention exception and Customs assessment.
Avoid
- Do not infer a universal labelling format from this enabling section. Check the actual notification and other applicable labelling laws; transit status alone does not replace the specified Customs satisfaction.
Glossary
- Notified indication
- The origin or manufacturer information required by the actual notification.
- Export-intention exception
- The subsection (5) exception subject to Customs satisfaction at importation.
Frequently asked questions
Can a notification start immediately under this section?
Its appointed date cannot be less than three months from issue.
Does the section itself prescribe one label for all goods?
No. The notification defines the requirement.
Are re-export goods automatically exempt?
The specified Customs satisfaction about intended export is required.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026