Chapter VI - Use of Trade Marks and Registered Users
Section 49
Section 49: Applying for registered-user status
Registered-user status requires a joint written application supported by the permitted-use agreement, affidavit and required evidence.
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Need advice on Section 49?
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) Where it is proposed that a person should be registered as a registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the prescribed manner, and every such application shall be accompanied by—
(a) the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark; and
(b) an affidavit made by the registered proprietor or by some person authorised to the satisfication of the Registrar to act on his behalf,—
(i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restriction as to persons for whose registration as registered users application may be made;
(ii) stating the goods or services in respect of which registration is proposed;
(iii) stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter;
(iv) stating whether the permitted use is to be for a period or without limit of period, and, if for a period, the duration thereof; and
(c) such further documents or other evidence as may be required by the Registrar or as may be prescribed.
(2) When the requirements of sub-section (1) have been complied with, the Registrar shall register the proposed registered user in respect of the goods or services as to which he is so satisfied.
(3) The Registrar shall issue notice in the prescribed manner of the registration of a person as a registered user, to other registered users of the trade mark, if any.
(4) The Registrar shall, if so requested by the applicant, take steps for securing that information given for the purposes of an application under this section (other than matters entered in the register) is not disclosed to rivals in trade.
Rule and business relevance
The affidavit covers the relationship, proprietor control, exclusivity restrictions, goods or services, use conditions and duration. Existing registered users receive notice. On request, non-register application information is protected against disclosure to trade rivals as stated.
Limits and related provisions
A private licence does not itself prove the user has been registered. Confidentiality under subsection (4) excludes matters entered in the register; do not promise absolute secrecy for all filing information.
Hypothetical business example
Hypothetical example: A brand owner and manufacturer jointly apply with a written licence and evidence of quality control, permitted goods and duration. They identify any eligible information for confidentiality treatment.
Practical decision flow
Prepare the joint application and written agreement or authenticated copy.
Provide the affidavit particulars and further required evidence.
Track registration, notice to existing users and any eligible confidentiality request.
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
- Prepare the joint application and written agreement or authenticated copy.
- Provide the affidavit particulars and further required evidence.
- Track registration, notice to existing users and any eligible confidentiality request.
Avoid
- A private licence does not itself prove the user has been registered. Confidentiality under subsection (4) excludes matters entered in the register; do not promise absolute secrecy for all filing information.
Glossary
- Control particulars
- Details showing the proprietor’s degree of control over permitted use.
- Joint application
- The proprietor and proposed user’s application together.
Frequently asked questions
Is the agreement alone enough to become a registered user?
No. The section requires the application and statutory registration process.
What duration information is needed?
Whether use is limited to a period, and its duration if so.
Can every register entry be kept secret from rivals?
No. The confidentiality provision excludes matters entered in the register.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026