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Economic, Commercial and Intellectual Property Laws · Law relating to Trade Marks

Register of Trade Marks and Trade Mark Registration Procedure

Updated 11 October 2026 · Fact-checked

The Register of Trade Marks is the official record, kept by the Registrar at the Trade Marks Registry under Section 6, of all registered trade marks and their details. To register a mark, you apply under Section 18. The Registrar may accept, refuse or accept it with conditions, testing it against Sections 9 and 11.

Understand Register of Trade Marks and Registration Procedure

A trade mark is protected best when it is on the public record. That record is the Register of Trade Marks. Section 6 says it is kept at the head office of the Trade Marks Registry. It holds all registered trade marks, the names, addresses and descriptions of proprietors, notifications of assignment and transmissions, details of registered users, conditions, limitations and other prescribed matter.

The Registrar may keep the records wholly or partly in electronic form, subject to prescribed safeguards. If so, any reference in the Act to an entry in the Register means the entry as maintained electronically. The Register is under the control and management of the Registrar. Each branch office keeps a copy of the register and such other documents as the Central Government directs by notification. Section 6(4) is a favourite point: no notice of any trust, express, implied or constructive, can be entered in the register, and the Registrar cannot receive it.

The Trade Marks Registry is set up under Section 5. The Registry established under the Trade and Merchandise Marks Act, 1958 continues as the Registry under this Act. The head office is at a place the Central Government specifies. It may set up branch offices and may define, by notification, the territorial limits of each office. The Registry has a seal.

Registration starts with an application under Section 18. Any person claiming to be proprietor of a mark used or proposed to be used by him may apply in writing to the Registrar in the prescribed manner. One application can cover several classes of goods and services, but the fee is payable for each class. The application goes to the office within whose territorial limits the applicant's principal place of business in India lies. For joint applicants, it is the principal place of business in India of the applicant named first as having a place of business in India. If the applicant does not carry on business in India, the office is the one where the address for service in India is situated.

The Registrar may refuse the application, or accept it absolutely or subject to amendments, modifications, conditions or limitations. If the Registrar refuses or accepts conditionally, the grounds and the materials used must be recorded in writing. The Registrar tests the mark against absolute grounds (Section 9), which concern the mark itself, and relative grounds (Section 11), which concern conflict with earlier marks or rights.

Key rules to remember

Contents of the Register (Section 6(1))
Register = registered marks + proprietors' names, addresses, descriptions + assignments and transmissions + registered users + conditions, limitations and other prescribed matter
Kept at the head office of the Registry, under the control and management of the Registrar.
No notice of trust (Section 6(4))
No notice of any trust (express, implied or constructive) is entered in the register or received by the Registrar
Do not say trusts can be noted on the register.
Place of filing (Section 18(3))
Office covering applicant's principal place of business in India; joint applicants: the first-named applicant having a place of business in India; no business in India: office covering address for service in India
Territorial limits are defined by the Central Government under Section 5(3).
Multi-class application (Section 18(2))
One application for many classes; fee for each class
One application, but a fee per class.
Absolute grounds (Section 9(1))
Refuse if the mark is devoid of distinctive character, or consists exclusively of descriptive indications, or of customary terms
Proviso: not refused if it acquired distinctive character through use before the application date, or is a well-known trade mark.
Other absolute bars (Section 9(2) and 9(3))
Deceive or confuse the public; hurt religious susceptibilities; scandalous or obscene matter; use barred by Emblems and Names Act, 1950. Shapes: from nature of goods, needed for a technical result, or giving substantial value
Shape bars apply when the mark consists exclusively of such a shape.
Relative grounds (Section 11(1))
Identical mark + similar goods/services, or similar mark + identical/similar goods/services, with likelihood of confusion including association
Subject to Section 12.
Well-known marks (Section 11(2))
Identical or similar mark for dissimilar goods is refused if the earlier mark is well known in India and use without due cause takes unfair advantage of, or harms, its distinctive character or repute
Under Section 11(5), the grounds in 11(2) and 11(3) apply only if the earlier proprietor objects in opposition proceedings.
Refusal procedure (Section 18(4) and (5))
Registrar may refuse, accept absolutely, or accept with amendments, conditions or limitations; grounds and materials must be recorded in writing
Written reasons are mandatory for refusal or conditional acceptance.

How to solve Register of Trade Marks and Registration Procedure questions

Use this order for any question on the Register, the Registry or registration of a mark.

  1. 1Identify what is asked: the Register (Section 6), the Registry and offices (Section 5), filing (Section 18) or refusal grounds (Sections 9 and 11).
  2. 2Name the provision and state the rule in plain words, with its exact conditions.
  3. 3For filing questions, fix the applicant's principal place of business in India and pick the correct office. Check for joint applicants or foreign applicants.
  4. 4For refusal questions, test Section 9 first. Ask whether the mark is distinctive, descriptive, customary, deceptive, offensive or a barred shape.
  5. 5Then test Section 11. Compare the marks and the goods or services, and ask if there is a likelihood of confusion or association. Check for a well-known earlier mark.
  6. 6Check the exceptions: acquired distinctiveness or well-known status under the Section 9 proviso, consent under Section 11(4), and the opposition requirement in Section 11(5).
  7. 7Conclude clearly: accept, accept with conditions, or refuse, and remind that reasons must be recorded in writing under Section 18(5).

Quickest way: Two-gate test for registrability

When to use it: Use it for short problem questions asking whether a mark can be registered.

  1. Gate 1 (Section 9): Is the mark itself the problem? Look for no distinctiveness, description of the goods, customary terms, deception, offence or a barred shape.
  2. If Gate 1 fails, check the proviso: acquired distinctiveness through use before the application, or well-known status.
  3. Gate 2 (Section 11): Is an earlier mark in the way? Look for identity or similarity with likelihood of confusion.
  4. If Gate 2 fails, check consent of the earlier proprietor under Section 11(4).
  5. Write the conclusion in one line and cite the section.

Common mistakes in Register of Trade Marks and Registration Procedure

  • Saying the Register records trusts or beneficial interests.

    Students assume a register of ownership shows every interest.

    Fix: Remember Section 6(4): no notice of any trust, express, implied or constructive, is entered or received.

  • Mixing up absolute and relative grounds.

    Both lead to refusal and the names sound alike.

    Fix: Absolute grounds (Section 9) concern the mark's own nature. Relative grounds (Section 11) concern conflict with earlier marks or rights.

  • Forgetting the proviso to Section 9(1).

    Students learn the three grounds and stop there.

    Fix: Add that a mark is not refused if it acquired distinctive character through use before the application date, or is well known.

  • Filing in the wrong office.

    Students assume one central filing place.

    Fix: Apply the Section 18(3) rule: the office covering the principal place of business in India, with the rules for joint and foreign applicants.

  • Thinking Section 11(2) and (3) grounds always bar registration.

    Students overlook Section 11(5).

    Fix: State that refusal on these grounds needs objection in opposition proceedings by the earlier proprietor.

  • Paying one fee for a multi-class application.

    Students focus on 'single application'.

    Fix: Section 18(2): one application is allowed, but the fee is for each class.

Worked examples

Example 1

Sunrise Spices Pvt Ltd has its principal place of business in Chennai. It wants to register a mark for spices (one class) and packaging services (another class). Where and how should it apply, and how are fees charged?

Show the solution
  1. Provision: Section 18(1) lets a person claiming to be proprietor of a mark used or proposed to be used apply in writing to the Registrar in the prescribed manner.
  2. Classes: Under Section 18(2), one application can cover different classes of goods and services, but the fee is payable for each class.
  3. Place: Under Section 18(3), the application is filed in the Registry office within whose territorial limits the applicant's principal place of business in India lies, which is Chennai here.
  4. Outcome: The Registrar may refuse, accept absolutely or accept with conditions under Section 18(4), and must record written grounds for refusal or conditional acceptance under Section 18(5).

Answer: Sunrise Spices can file one written application covering both classes at the Registry office whose territorial limits include Chennai. It pays the fee for each of the two classes.

Example 2

Kaveri Tea Co. applies to register the word 'FINEST TEA' for tea. Another firm already holds a registered mark 'FINEST TEEA' for tea. Examine whether the Registrar can refuse registration.

Show the solution
  1. Absolute grounds: Under Section 9(1)(a) and (b), marks devoid of distinctive character, or consisting exclusively of indications that designate quality or kind, shall not be registered. 'FINEST' describes quality and 'TEA' names the goods.
  2. Proviso: The mark is not refused if, before the date of application, it acquired distinctive character through use, or is well known. The facts do not say so.
  3. Relative grounds: Under Section 11(1)(b), a mark shall not be registered if its similarity to an earlier trade mark and the similarity or identity of goods creates a likelihood of confusion, including association. 'FINEST TEEA' is nearly identical and the goods are the same.
  4. Earlier mark: A registered mark with an earlier filing date is an earlier trade mark under the Explanation to Section 11.
  5. Consent: Under Section 11(4), registration is possible if the earlier proprietor consents. No consent is mentioned.
  6. Procedure: Any refusal must record grounds and materials in writing under Section 18(5).

Answer: Yes. The Registrar can refuse on absolute grounds under Section 9(1) as the mark is descriptive, unless it has acquired distinctiveness by use. The Registrar can also refuse on relative grounds under Section 11(1)(b) because of likely confusion with the earlier mark, unless that proprietor consents. Written reasons must be recorded.

Exam tips

  • Write Section 6 answers in three parts: where the Register is kept, what it contains, and Section 6(4) on trusts. Add electronic form under Section 6(2) and (3).
  • For a problem question, state the ground (absolute or relative), cite the section, apply the facts, then conclude.
  • Always mention the Section 9(1) proviso and the Section 11(4) consent exception. These show full understanding.
  • Learn the Section 18(3) filing rule, including the foreign applicant case.
  • Do not use repealed law as the current rule. The Trade and Merchandise Marks Act, 1958 appears only as the source of the Registry.

Practice questions from Law relating to Trade Marks

Register of Trade Marks and Registration Procedure: frequently asked questions

What does Section 6 of the Trade Marks Act, 1999 provide?

It provides for the Register of Trade Marks, kept at the head office of the Trade Marks Registry under the Registrar's control. It records registered marks, proprietors, assignments, transmissions, registered users and conditions. It also bars entry of notice of any trust.

Where do I file a trade mark application?

File it at the Registry office within whose territorial limits your principal place of business in India lies. For joint applicants, the first-named applicant having a place of business in India decides it. If you do not do business in India, use the office covering your address for service in India.

What is the difference between absolute and relative grounds for refusal?

Absolute grounds in Section 9 relate to the mark itself, such as lack of distinctiveness, descriptiveness or deception. Relative grounds in Section 11 relate to conflict with an earlier trade mark or right, such as likelihood of confusion.

Can a descriptive mark ever be registered?

Yes. Under the proviso to Section 9(1), a mark is not refused if, before the application date, it acquired a distinctive character through use, or it is a well-known trade mark.