Chapter III - Procedure for and Duration of Registration
Section 18
Section 18: application for registration of a trade mark
A person claiming proprietorship of a trade mark in use or proposed for use can apply for registration under section 18. Filing begins an examination process; it does not itself grant registration.
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Need advice on Section 18?
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) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.
(2) A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.
(3) Every application under sub-section (1) shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situate:
Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situate.
(4) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.
(5) In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.
Introduction
Section 18 is the application gateway. It covers the claimant, classes, appropriate Registry office and the Registrar's power to accept, conditionally accept or refuse. The Trade Marks Rules 2017 supply the form, details and fees.
The applicant should verify ownership and the mark's proposed goods or services before filing. A trade mark search is useful but does not guarantee acceptance or remove a later opposition risk.
Key takeaways
Claim of proprietorship
The application is made by the person who claims to be proprietor of a mark used or proposed for use.
More than one class
Section 18 permits one application across different goods/services classes, with the fee payable for each class.
Appropriate office
The applicant's principal Indian business place generally determines the Registry office; the Act provides an address-for-service rule where there is no Indian business place.
Registrar's decision
The Registrar may refuse, accept or accept with modifications/conditions, and must record grounds for refusal or conditional acceptance.
Choose the applicant and specification
Identify the correct legal applicant and the mark, then specify the goods or services and classes. Record whether the claim is based on existing use or proposed use; evidence for any asserted first-use date should be preserved.
Filing office and multi-class fees
Subsection (2) permits a multi-class filing but makes the fee payable for each class. Subsection (3) and rule 4 govern the appropriate Registry office. The official IP India form-and-fee schedule should be checked at filing time.
What happens after filing
The Registry examines the application. Section 18(4) allows acceptance, conditional acceptance or refusal; subsection (5) requires written grounds for refusal or conditional acceptance. Advertisement, opposition and registration are separate later stages under sections 20, 21 and 23.
Official sources
Practical checklist
Do
- Confirm the applicant's legal identity and ability to claim proprietorship.
- Search similar marks and check distinctiveness before filing.
- Choose goods/services descriptions and classes, then check the fee per class.
- Track objections, publication and opposition before treating the mark as registered.
Avoid
- Do not state an unsupported prior-use date.
- Do not promise that an application or search guarantees registration.
- Do not assume a multi-class application has only one class fee.
Glossary
- Proprietor
- The person claiming ownership of the trade mark for the relevant goods or services.
- Class
- A goods-or-services classification relevant to the application and fee.
- Address for service
- The India address used for Registry communication where the applicant lacks a principal Indian business place.
Frequently asked questions
May one application cover several classes?
Yes. Section 18(2) permits it, with fee payable for each class.
Is the mark registered as soon as the application is filed?
No. Examination, advertisement and any opposition precede registration under the Act.
Can the Registrar impose conditions?
Yes. Section 18 permits conditional acceptance and requires written grounds for it.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026