Chapter XIII - Miscellaneous
Section 146
Section 146: Unauthorised registration by an agent
A proprietor can oppose or seek cancellation or rectification when its agent or representative uses, attempts to register or registers the mark in the agent’s own name without authority.
On this page
Need advice on Section 146?
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
If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour:
Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.
Rule and business relevance
The section includes rectification bringing the proprietor onto the register by assignment. The action must be taken within three years after the registered proprietor becomes aware of the conduct.
Limits and related provisions
Do not calculate the period automatically from registration rather than awareness, or assume every distributor dispute proves the agency and lack-of-authority conditions.
Hypothetical business example
Hypothetical example: A proprietor discovers that its representative sought the mark in the representative’s own name without permission and records when it learned of the conduct before choosing a remedy.
Practical decision flow
Establish the proprietor, agency relationship and absence of authority.
Record the conduct and the proprietor’s awareness date.
Choose the appropriate opposition or register remedy within the stated period.
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
- Establish the proprietor, agency relationship and absence of authority.
- Record the conduct and the proprietor’s awareness date.
- Choose the appropriate opposition or register remedy within the stated period.
Avoid
- Do not calculate the period automatically from registration rather than awareness, or assume every distributor dispute proves the agency and lack-of-authority conditions.
Glossary
- Unauthorised agent filing
- The conduct involving the agent’s own name described here.
- Awareness-based period
- Three years from the proprietor becoming aware of the conduct.
Frequently asked questions
Is the period measured only from registration?
The proviso refers to the proprietor’s awareness of the conduct.
Can an attempted registration be addressed?
Yes. The text includes attempts and opposition to the application.
Can rectification restore proprietorship?
The section includes that remedy through assignment in the proprietor’s favour.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026