Chapter XIII - Miscellaneous
Section 153
Section 153: Application of the Act to Government
The Act expressly binds the Government.
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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.
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 BizeneedLast updated 10 October 2026