Press / to search

Chapter XIII - Miscellaneous

Section 153

Section 153: Application of the Act to Government

The Act expressly binds the Government.

On this page

Need advice on Section 153?

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.

Contact us

Statutory text

Bare law

The provisions of this Act shall be binding on the Government.

Rule and business relevance

Government involvement does not by itself create a general exemption from the Act. The particular substantive rule and facts still need to be examined.

Limits and related provisions

The section does not decide every procedural immunity, forum question or remedy on its own. Read it with the provision relevant to the transaction or dispute.

Hypothetical business example

Hypothetical example: A brand issue involves a government body. The parties assess the relevant Act obligations rather than assuming governmental status excludes them.

Practical decision flow

Identify the government activity and relevant provision.

Apply the Act’s substantive requirements to the facts.

Check any separate procedural or remedy rules.

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 government activity and relevant provision.
  • Apply the Act’s substantive requirements to the facts.
  • Check any separate procedural or remedy rules.

Avoid

  • The section does not decide every procedural immunity, forum question or remedy on its own. Read it with the provision relevant to the transaction or dispute.

Glossary

Government bound
The express application statement made by this section.
Relevant substantive rule
The Act provision governing the actual issue.

Frequently asked questions

Is Government generally excluded by this section?

No. The section says the Act binds Government.

Does this one sentence decide every remedy?

Other relevant substantive and procedural provisions must be considered.

Should the actual transaction still be analysed?

Yes. The applicable rule depends on the facts.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026