Chapter II - The Register and Conditions for Registration
Section 15
Section 15: Separate parts and series registrations
A proprietor may seek separate registration of a mark and its part, or series registration for marks differing only in the specified ways.
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Need advice on Section 15?
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) Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks.
(2) Each such separate trade mark shall satisfy all the conditions applying to and have all the incidents of, an independent trade mark.
(3) Where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of—
(a) statement of the goods or services in relation to which they are respectively used or proposed to be used; or
(b) statement of number, price, quality or names of places; or
(c) other matter of a non-distinctive character which does not substantially affect the identity of the trade mark; or
(d) colour, seeks to register those trade marks, they may be registered as a series in one registration.
Rule and business relevance
Each separately registered part must independently satisfy registration conditions. Series marks must resemble in material particulars and differ only within the listed categories, including certain non-distinctive matter or colour.
Limits and related provisions
Not every family of logos qualifies as a series, and registration of a whole does not automatically establish separate registrability of every component.
Hypothetical business example
Hypothetical example: A business considers a series of materially similar labels differing in stated product quantity or colour. It checks the statutory categories and separate distinctiveness requirements.
Practical decision flow
Identify whether the application concerns a separate part or a series.
For a part, test independent registration conditions.
For a series, compare material particulars and each permitted difference.
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 application concerns a separate part or a series.
- For a part, test independent registration conditions.
- For a series, compare material particulars and each permitted difference.
Avoid
- Not every family of logos qualifies as a series, and registration of a whole does not automatically establish separate registrability of every component.
Glossary
- Separate part registration
- An independent registration sought for a component of the mark.
- Series
- Marks satisfying the resemblance and permitted-difference conditions in subsection (3).
Frequently asked questions
Does a separately filed part need to satisfy normal conditions?
Yes. Subsection (2) requires all conditions and incidents of an independent mark.
Can substantially different logos always be one series?
No. The statutory resemblance and difference limits apply.
Can colour be a permitted series difference?
Yes. It is one of the listed categories.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026