Chapter II - The Register and Conditions for Registration
Section 14
Section 14: Names and representations of persons
Where a mark falsely suggests a connection with a living or recently deceased person, the Registrar may require written consent before proceeding.
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Need advice on Section 14?
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
Where an application is made for the registration of a trade mark which falsely suggests a connection with any living person, or a person whose death took place within twenty years prior to the date of application for registration of the trade mark, the Registrar may, before he proceeds with the application, require the applicant to furnish him with the consent in writing of such living person or, as the case may be, of the legal representative of the deceased person to the connection appearing on the trade mark, and may refuse to proceed with the application unless the applicant furnishes the Registrar with such consent.
Rule and business relevance
For a deceased person, the provision uses death within twenty years before the application date and consent of the legal representative. For a living person, that person’s written consent may be required.
Limits and related provisions
The trigger is a falsely suggested connection, not a universal consent requirement for every word that happens to be a personal name. Other personality, passing-off or legal rights may still matter.
Hypothetical business example
Hypothetical example: A proposed brand suggests endorsement by a person who died ten years before the filing. The applicant must consider the Registrar’s consent requirement and other relevant rights.
Practical decision flow
Identify the connection the mark appears to suggest.
Check whether the person is living or died within the specified period.
Obtain the appropriate written consent if required and assess other applicable rights.
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 connection the mark appears to suggest.
- Check whether the person is living or died within the specified period.
- Obtain the appropriate written consent if required and assess other applicable rights.
Avoid
- The trigger is a falsely suggested connection, not a universal consent requirement for every word that happens to be a personal name. Other personality, passing-off or legal rights may still matter.
Glossary
- Written consent
- Consent from the living person or deceased person’s legal representative as applicable.
- Twenty-year period
- The period preceding the application date used for the deceased-person limb.
Frequently asked questions
Is consent always required for any personal name?
The section concerns marks falsely suggesting the stated connection and the Registrar’s power to require consent.
Who consents for a recently deceased person?
The legal representative as stated.
From which date is twenty years measured?
Back from the application date.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026