Chapter VI - Use of Trade Marks and Registered Users
Section 51
Section 51: Confirming the user agreement remains in force
The Registrar may require the proprietor to confirm within one month that the registered-user agreement remains in force.
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Need advice on Section 51?
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) The Registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause (a) of sub-section (1) of section 49 continues to be in force.
(2) If the registered proprietor fails to furnish the confirmation within one month as required under sub-section (1), the registered user shall cease to be the registered user on the day immediately after the expiry of the said period and the Registrar shall notify the same.
Rule and business relevance
Failure to furnish the required confirmation ends registered-user status on the day immediately following expiry of that period, and the Registrar notifies it. The notice is written and may be issued during the registration’s continuance.
Limits and related provisions
Do not treat this as an annual automatic renewal requirement or assume the user alone can ignore a notice directed to the proprietor. Track the actual written notice and response.
Hypothetical business example
Hypothetical example: A proprietor receives the Registrar’s written request concerning a licence agreement. It promptly verifies the agreement and supplies confirmation within the required month.
Practical decision flow
Record the written notice and response deadline.
Check whether the filed agreement remains in force.
Provide the required confirmation and retain proof of compliance.
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
- Record the written notice and response deadline.
- Check whether the filed agreement remains in force.
- Provide the required confirmation and retain proof of compliance.
Avoid
- Do not treat this as an annual automatic renewal requirement or assume the user alone can ignore a notice directed to the proprietor. Track the actual written notice and response.
Glossary
- Confirmation
- The proprietor’s response that the section 49 agreement continues in force.
- Cessation
- The statutory ending of registered-user status after the stated default.
Frequently asked questions
How much response time is specified?
One month as required by the written notice under subsection (1).
What follows failure to confirm?
The user ceases to be registered immediately after the period expires, with notification by the Registrar.
Is this provision an automatic yearly renewal rule?
No. It concerns the Registrar’s specific written request.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026