Section 152: Ownership declarations under registration law

Rule and business relevance

The provision distinguishes marks other than registered trade marks and overrides the Registration Act for the stated document. Trade mark registration must be considered through the proper trade mark framework.

Limits and related provisions

Do not mistake document registration or a private declaration for registration of the mark itself. This section does not say that every document concerning a mark is prohibited.

Hypothetical business example

Hypothetical example: A business proposes registering an ownership declaration for an unregistered brand under the Registration Act. It instead obtains advice on the appropriate trade mark application and ownership evidence.

Practical decision flow

Identify whether the mark is registered under trade mark law.

Identify what the proposed document actually declares.

Use the legally appropriate registration or recordal process.

• India Code: Trade Marks Act, section 152 (consolidation as on 1 June 2026)

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

Glossary

Ownership declaration

The document declaring or purporting to declare title described here.

Separate registration systems

Document registration and trade mark registration are distinct processes.

Frequently asked questions