Chapter III - Procedure for and Duration of Registration
Section 23
Section 23: registration after advertisement and opposition
Acceptance and advertisement do not by themselves register a mark. Section 23 addresses registration when the opposition period passes without challenge or an opposition is decided for the applicant, subject to withdrawal of acceptance under Section 19.
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Need advice on Section 23?
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) Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either—
(a) the application has not been opposed and the time for notice of opposition has expired; or
(b) the application has been opposed and the opposition has been decided in favour of the applicant,
the Registrar shall, unless the Central Government otherwise directs, register the said trade mark within eighteen months of the filing of the application and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration.
(2) On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry.
(3) Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.
(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.
Introduction
The Trade Marks (Amendment) Act, 2010 inserted the words “within eighteen months of the filing of the application” into subsection (1), effective 8 July 2013. The IP India legacy Act HTML omits those words; the current India Code PDF includes them. The statutory direction should not be described as automatic registration on day eighteen months, because acceptance, opposition and Section 19 still matter.
Key takeaways
Opposition must be resolved
Registration follows an accepted application only after the opposition period expires unopposed or the applicant wins an opposition, subject to Section 19.
Filing date is the deemed registration date
Once registered, the Act generally deems the application filing date to be the registration date, subject to Section 154.
Applicant default can abandon the application
If non-completion within twelve months is due to the applicant's default, the Registrar may give notice and treat it as abandoned if not completed in the notice period.
Confirm acceptance and opposition outcome
Check the Registry status, Journal advertisement and any opposition decision. Section 19 may still allow withdrawal of acceptance before registration.
Understand the eighteen-month direction
Current subsection (1) includes a direction to register within eighteen months of filing in the specified circumstances. It does not remove other conditions or turn a delayed application into an automatic registration.
Verify the register and certificate
Once registration is entered, check the owner, mark, goods or services, classes and conditions. The certificate is issued in the prescribed form; Rule 53 addresses register entries and Rule 52 addresses notice after applicant default.
Official sources
Practical checklist
Do
- Check the live application status and whether the opposition window has closed.
- Preserve any favourable opposition order and follow the register entry through to certificate issue.
- Respond to a Registrar notice about applicant default within the stated time.
Avoid
- Do not represent a merely accepted or advertised mark as registered.
- Do not assume the eighteen-month language makes registration automatic.
- Do not ignore a notice under subsection (3).
Glossary
- Deemed registration date
- The filing date treated by Section 23(1) as the registration date once the mark is registered, subject to Section 154.
- Certificate of registration
- The prescribed Registry certificate issued after registration is entered.
Frequently asked questions
Is an advertised mark already registered?
No. Section 23 still requires the unopposed period to expire or an opposition to be decided for the applicant, subject to Section 19.
Is registration automatic after eighteen months?
No. The amended subsection (1) contains an eighteen-month direction but does not waive statutory conditions or deem a pending mark automatically registered.
What date is recorded as the registration date?
Section 23(1) generally deems the filing date to be the registration date once registration occurs, subject to Section 154.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026