Chapter VI - Use of Trade Marks and Registered Users
Section 48
Section 48: Registered and permitted users
A person other than the proprietor can be registered as a user, and qualifying permitted use counts as use by the proprietor.
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Need advice on Section 48?
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 49, a person other than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered.
(2) The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of section 47 or for any other purpose for which such use is material under this Act or any other law.
Rule and business relevance
Registered-user status is subject to section 49 and may concern some or all registered goods or services. The deeming rule matters for non-use and other purposes where use is material.
Limits and related provisions
Not every unauthorised use becomes proprietor use. Establish permitted use within the Act’s definition and distinguish registered-user status from other permitted-use arrangements.
Hypothetical business example
Hypothetical example: A brand owner permits a qualifying licensee to use the mark and maintains the appropriate agreement and records. That permitted use is considered in the proprietor’s use evidence.
Practical decision flow
Identify the goods or services and user relationship.
Check section 49 if registered-user status is sought.
Preserve evidence that the use meets the permitted-use requirements.
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 goods or services and user relationship.
- Check section 49 if registered-user status is sought.
- Preserve evidence that the use meets the permitted-use requirements.
Avoid
- Not every unauthorised use becomes proprietor use. Establish permitted use within the Act’s definition and distinguish registered-user status from other permitted-use arrangements.
Glossary
- Registered user
- A user entered under the statutory registration framework.
- Permitted use
- The defined use that attracts the proprietor-use deeming rule.
Frequently asked questions
Can registration concern only some goods?
Yes. Subsection (1) permits some or all registered goods or services.
Can permitted use matter in a non-use case?
Yes. Section 47 is expressly mentioned.
Does any third-party use qualify automatically?
No. The use must satisfy the statutory permitted-use framework.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026