Chapter III - Procedure for and Duration of Registration
Section 24
Section 24: Jointly owned trade marks
Joint registration is available for the shared-use relationship described, not simply for independent traders wishing to share a mark.
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Need advice on Section 24?
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) Save as provided in sub-section (2), nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so as to use it, as joint proprietors thereof.
(2) Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except—
(a) on behalf of both or all of them; or
(b) in relation to an article or service with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person.
Rule and business relevance
No joint proprietor must be entitled between themselves to use the mark except on behalf of all or for an article or service with which all are connected in trade. Their rights then operate as if vested in one person.
Limits and related provisions
A co-ownership agreement should reflect the statutory relationship. Mere consent by otherwise independent users does not by itself establish subsection (2).
Hypothetical business example
Hypothetical example: Two participants jointly produce and market one service under a mark and structure use only for their shared business. They assess the joint-registration conditions before filing.
Practical decision flow
Identify each proposed proprietor’s rights to use the mark.
Establish the shared trade connection or use on behalf of all.
Document governance, permitted use and filing details.
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 each proposed proprietor’s rights to use the mark.
- Establish the shared trade connection or use on behalf of all.
- Document governance, permitted use and filing details.
Avoid
- A co-ownership agreement should reflect the statutory relationship. Mere consent by otherwise independent users does not by itself establish subsection (2).
Glossary
- Joint proprietor
- A person registered jointly within the section’s conditions.
- Independent use
- Separate use excluded from the general authorisation by subsection (1).
Frequently asked questions
Can unrelated independent users automatically register jointly?
No. Subsection (1) excludes that general proposition.
What relationship does subsection (2) require?
The specified shared-use or shared trade connection, with no independent entitlement between them outside it.
How are qualifying joint rights treated?
As if vested in a single person for the stated purposes.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026