Chapter XIII - Miscellaneous
Section 155
Section 155: Reciprocity restrictions
The section permits specified registration-related restrictions for nationals of a notified country that does not accord Indians the stated reciprocal rights.
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Need advice on Section 155?
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
Where any country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the registration and protection of trade marks as it accords to its own nationals, no national of such country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation, as the case may be, shall be entitled, either solely or jointly with any other person,—
(a) to apply for the registration of, or be registered as the proprietor of, a trade mark;
(b) to be registered as the assignee of the proprietor of a registered trade mark; or
(c) to apply for registration or be registered as a registered user of a trade mark under section 49.
Rule and business relevance
The restriction applies to the notified category and covers proprietor applications or registration, registration as assignee and registered-user applications or registration. It applies whether acting alone or jointly.
Limits and related provisions
Do not impose a nationality restriction based only on an assumption about foreign law. The relevant Central Government Gazette notification and its scope must be checked.
Hypothetical business example
Hypothetical example: An adviser assesses a foreign applicant’s position by checking the applicable notification, rather than concluding that every non-Indian applicant is restricted.
Practical decision flow
Identify the applicant’s nationality and legal capacity.
Check whether a relevant reciprocity notification applies.
Assess the particular registration or recordal sought.
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 applicant’s nationality and legal capacity.
- Check whether a relevant reciprocity notification applies.
- Assess the particular registration or recordal sought.
Avoid
- Do not impose a nationality restriction based only on an assumption about foreign law. The relevant Central Government Gazette notification and its scope must be checked.
Glossary
- Notified reciprocity restriction
- A restriction tied to the stated Gazette notification and unequal-rights condition.
- Joint application
- An application with another person, which does not by itself avoid the restriction.
Frequently asked questions
Does this section bar every foreign national?
No. It concerns the specified notified situation.
Can joint filing automatically avoid the restriction?
The text expressly includes acting jointly.
Are registered-user applications within scope?
Yes. Clause (c) covers them.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026