Chapter IV - Effect of Registration
Section 35
Section 35: Bona fide names and descriptions
Registered rights do not permit interference with the specified bona fide use of names, business-place names or descriptions.
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Need advice on Section 35?
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
Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services.
Rule and business relevance
The provision protects bona fide use of the person’s own or relevant predecessor’s name or place of business, and bona fide descriptions of the character or quality of goods or services.
Limits and related provisions
Bona fides are essential. Do not treat adopting a confusing name or describing branding as an address as an automatic defence. Other applicable rights and the actual manner of use require review.
Hypothetical business example
Hypothetical example: A trader honestly describes the quality of its goods in ordinary language. The description is assessed for bona fides rather than assumed to infringe merely because another registration contains that word.
Practical decision flow
Identify the exact name, address or descriptive use.
Check the person or predecessor connection where applicable.
Assess bona fides and the actual presentation in trade.
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 exact name, address or descriptive use.
- Check the person or predecessor connection where applicable.
- Assess bona fides and the actual presentation in trade.
Avoid
- Bona fides are essential. Do not treat adopting a confusing name or describing branding as an address as an automatic defence. Other applicable rights and the actual manner of use require review.
Glossary
- Bona fide use
- The genuine use required by the statutory saving.
- Descriptive use
- A bona fide description of the character or quality of goods or services.
Frequently asked questions
Is every name-based use protected automatically?
No. It must satisfy the stated bona fide conditions.
Can a predecessor’s business name be relevant?
Yes. The section expressly includes the identified predecessor uses.
Does calling a brand a description decide the issue?
No. Its actual character and manner of use must be examined.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026