Chapter II - The Register and Conditions for Registration
Section 16
Section 16: Associated trade marks
The Registrar may associate related marks of the same proprietor, with additional deemed associations for separate parts and series marks.
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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 a trade mark which is registered, or is the subject of an application for registration, in respect of any goods or services is identical with another trade mark which is registered, or is the subject of an application for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services or so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor, the Registrar may, at any time, require that the trade marks shall be entered on the register as associated trade marks.
(2) Where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration in the name of the same proprietor, in respect of goods and in respect of services which are associated with those goods or goods of that description and with those services or services of that description, sub-section (1) shall apply as it applies as where there is an identity or near resemblance of marks that are registered, or are the subject of applications for registration, in the name of the same proprietor in respect of the same goods or description of goods or same services or description of services.
(3) Where a trade mark and any part thereof are, in accordance with the provisions of sub-section (1) of section 15, registered as separate trade marks in the name of the same proprietor, they shall be deemed to be, and shall be registered as, associated trade marks.
(4) All trade marks registered in accordance with the provisions of sub-section (3) of section 15 as a series in one registration shall be deemed to be, and shall be registered as, associated trade marks.
(5) On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of the goods or services or both in respect of which it is registered, and may amend the register accordingly.
Rule and business relevance
The section addresses identical or confusingly similar marks, linked goods and services, and the section 15 relationships. The Registrar may dissolve association on the prescribed application when the stated absence of deception or confusion is established.
Limits and related provisions
Association does not erase the distinctions between each mark’s registration. It also has consequences for assignment under section 44, which should be checked before transferring only one.
Hypothetical business example
Hypothetical example: A business owns closely similar marks for related goods and services. It examines whether they are associated and how that affects a planned transaction.
Practical decision flow
Review the proprietor, marks and goods or services.
Check any statutory deemed association or Registry association.
For proposed dissolution, assess the specified confusion risk and prescribed application.
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
- Review the proprietor, marks and goods or services.
- Check any statutory deemed association or Registry association.
- For proposed dissolution, assess the specified confusion risk and prescribed application.
Avoid
- Association does not erase the distinctions between each mark’s registration. It also has consequences for assignment under section 44, which should be checked before transferring only one.
Glossary
- Associated marks
- Marks entered or deemed associated under the statutory framework.
- Dissolution of association
- Removal of the association when the Registrar is satisfied under subsection (5).
Frequently asked questions
Can separately registered whole and part be associated?
Yes. Subsection (3) expressly provides for that relationship.
Can association ever be dissolved?
Yes, on the prescribed application and the stated satisfaction about confusion.
Should assignment rules be reviewed?
Yes. Section 44 restricts separate assignment of associated marks.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026