Chapter II - The Register and Conditions for Registration
Section 6
Section 6: The Register of Trade Marks
The trade marks register records registered marks, proprietors, users, transfers, conditions and other prescribed information.
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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) For the purposes of this Act, a record called the Register of Trade Marks shall be kept at the head office of the Trade Marks Registry, wherein shall be entered all registered trade marks with the names, addresses and description of the proprietors, notifications of assignment and transmissions, the names, addresses and descriptions of registered users, conditions, limitations and such other matter relating to registered trade marks as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), it shall be lawful for the Registrar to keep the records wholly or partly in computer floppies diskettes or in any other electronic form subject to such safeguards as may be prescribed.
(3) Where such register is maintained wholly or partly on computer under sub-section (2) any reference in this Act to entry in the register shall be construed as the reference to any entry as maintained on computer or in any other electronic form.
(4) No notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the Registrar.
(5) The register shall be kept under the control and management of the Registrar.
(6) There shall be kept at each branch office of the Trade Marks Registry a copy of the register and such of the other documents mentioned in section 148 as the Central Government may, by notification in the Official Gazette, direct.
(7) The Register of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act.
Rule and business relevance
The Registrar controls and manages the register. Electronic records are permitted subject to prescribed safeguards, and the historical Part A and Part B registers are incorporated. No notice of a trust is receivable or entered under subsection (4).
Limits and related provisions
A register entry is an important source but must be read with its limitations, conditions and current status. Do not assume every private trust or beneficial arrangement can be recorded there.
Hypothetical business example
Hypothetical example: A purchaser checks a mark’s proprietor, assignment entries, registered users and limitations before completing a transaction.
Practical decision flow
Identify the mark and current register entry.
Review proprietor, transfers, users and conditions together.
Obtain the appropriate record or certified evidence for the transaction.
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 mark and current register entry.
- Review proprietor, transfers, users and conditions together.
- Obtain the appropriate record or certified evidence for the transaction.
Avoid
- A register entry is an important source but must be read with its limitations, conditions and current status. Do not assume every private trust or beneficial arrangement can be recorded there.
Glossary
- Register entry
- The official record concerning a registered mark.
- Registered user
- A user recorded under the Act’s registered-user framework.
Frequently asked questions
Can the register be electronic?
Yes. The provision expressly permits electronic forms subject to safeguards.
Can notice of a trust be entered?
Subsection (4) prohibits receiving or entering the described trust notice.
Should conditions on registration be checked?
Yes. They form part of the information the register records.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026