Chapter XIII - Miscellaneous
Section 144
Section 144: Evidence of trade usage
The Registrar or High Court must admit evidence of relevant trade usages and legitimately used third-party marks, trade names or get-up.
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Need advice on Section 144?
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
In any proceeding relating to a trade mark, the Registrar or the High Court, as the case may be, shall admit evidence of the usages of the trade concerned and of any relevant trade mark or trade name or get up legitimately used by other persons.
Rule and business relevance
The rule makes industry context and legitimate third-party presentation relevant evidentiary material in proceedings relating to a trade mark. Its weight remains a matter for the proceeding.
Limits and related provisions
Admission is not automatic acceptance of every claimed custom or proof that any copied get-up is lawful. Establish relevance and legitimate use with reliable evidence.
Hypothetical business example
Hypothetical example: A business supplies documented examples of legitimate industry packaging to support its argument about how a feature is understood in that trade.
Practical decision flow
Identify the specific usage or presentation relevant to the dispute.
Collect evidence of legitimate third-party use.
Explain the relevance while distinguishing admission from final weight.
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 specific usage or presentation relevant to the dispute.
- Collect evidence of legitimate third-party use.
- Explain the relevance while distinguishing admission from final weight.
Avoid
- Admission is not automatic acceptance of every claimed custom or proof that any copied get-up is lawful. Establish relevance and legitimate use with reliable evidence.
Glossary
- Trade usage
- A practice of the trade relevant to the mark issue.
- Get-up
- The relevant presentation of goods or business appearance referred to by the provision.
Frequently asked questions
Does evidence of third-party use have a role?
Yes, where it concerns relevant legitimately used marks, names or get-up.
Does admission make that evidence decisive?
The section requires admission, not a predetermined outcome.
Is illegitimate copying the stated category?
The text refers to legitimate use by other persons.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026