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Chapter XIII - Miscellaneous

Section 147

Section 147: Registry indexes

The Registrar supervises indexes of registered marks, pending applications, registered proprietors and registered users.

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Need advice on Section 147?

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.

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Statutory text

Bare law

There shall be kept under the direction and supervision of the Registrar—

(a) an index of registered trade marks;

(b) an index of trade marks in respect of which applications for registration are pending;

(c) an index of the names of the proprietors of registered trade marks; and

(d) an index of the names of registered users.

Rule and business relevance

These four indexes support record discovery and identification of relevant rights and applications. A search should use the appropriate index for the question being investigated.

Limits and related provisions

An index result is not a complete legal opinion on registrability or infringement. Inspect the underlying entry, status and documents where necessary.

Hypothetical business example

Hypothetical example: A business researching a proposed name searches both registered marks and pending applications, then checks the actual records for relevant results.

Practical decision flow

Identify whether the question concerns marks, applicants, proprietors or users.

Use the relevant statutory index.

Inspect the underlying record and current status.

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 whether the question concerns marks, applicants, proprietors or users.
  • Use the relevant statutory index.
  • Inspect the underlying record and current status.

Avoid

  • An index result is not a complete legal opinion on registrability or infringement. Inspect the underlying entry, status and documents where necessary.

Glossary

Pending-application index
The index of marks whose registration applications remain pending.
Proprietor index
The index identifying registered mark owners.

Frequently asked questions

Are pending applications indexed?

Yes. Clause (b) requires that index.

Are registered users included?

Yes, in a separate listed index.

Does an index search replace review of the record?

No. The underlying status and documents can be important.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026