Trade Marks Act, 1999: Registration Procedure, Refusal Grounds & Infringement Remedies (Complete Guide 2026)
Introduction
Trademark law in India is not theoretical—it is brutally practical. If you don’t register and protect your mark properly, someone else will use it, profit from it, and you’ll spend years in court trying to fix your mistake.
The Trade Marks Act, 1999 provides a complete legal framework for:
• Registration of trademarks
• Grounds for refusal
• Remedies for infringement
(This guide breaks everything down in a clear, structured way, combining exam clarity with real-world application)
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Procedure for Registration of Trademark in India (Section 18–26)
1. Application for Trademark Registration (Section 18)
Any person claiming to be the owner of a trademark can apply for registration.
Key Points:
• Application must be filed in prescribed form
• Application must include:
° Name of applicant
° Trademark details
° Class of goods/services
• Fee must be paid within prescribed time
Registrar’s Options:
• Accept the application
• Reject the application
• Accept with conditions/modifications
If conditional acceptance is given, reasons must be recorded in writing.
Case Law:
Sico Cables of India v. Hanori Sico Co. Ltd. (2002) – Fee compliance is mandatory.
2. Revocation of Acceptance (Section 19)
Even after acceptance, the Registrar can revoke it before final registration.
Grounds:
• Acceptance due to error
• Registration not appropriate
• Additional conditions required
Important:
• Applicant must be given opportunity of hearing
• Revocation makes it as if application was never accepted
3. Publication of Trademark (Section 20)
Once accepted, the trademark is published in the Trademark Journal.
Purpose:
• To invite objections from public
Exception:
• In special cases, publication can happen before acceptance
4. Opposition to Registration (Section 21)
After publication, any person can oppose registration.
Process of opposition:
• Must file opposition within 3 months
• Must be in writing
• Applicant receives notice
• Applicant files counter-statement
• Evidence + witnesses allowed
• Registrar hears both parties
Outcome:
• Registration allowed OR rejected
Case Law:
• Remond Ltd. v. Chankya Bowarage (2002)
Failure to file counter-statement = loss of right
5. Correction and Amendment (Section 22)
Registrar can allow:
• Correction of errors
• Amendment of application
This ensures flexibility before final registration.
6. Registration of Trademark (Section 23)
Trademark gets registered when:
• Application accepted
• No opposition filed
• Opposition decided in favor of applicant
Important:
• Registration date = Date of application (retrospective effect)
Certificate:
• Issued under official seal
Warning:
If applicant delays process for 12 months, application may be treated as abandoned.
7. Joint Ownership of Trademark (Section 24)
Trademark can be owned jointly by two or more persons.
Conditions:
• Joint use OR
• Intention to use jointly
8. Duration, Renewal & Removal (Section 25)
👉 Duration:
10 years from date of registration
👉 Renewal:
Renewable every 10 years
👉 Removal:
If not renewed → removed from register
👉 Restoration:
• Can be restored within:
° 6 months OR
° 1 year (with fees + justification)
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Grounds for Refusal of Trademark Registration (Section 9 & 11)
There are two major categories:
1. Absolute Grounds (Section 9)
These are based on the nature of the trademark itself.
Trademark will be refused if:
• It is deceptive
• Causes confusion
• Hurts religious sentiments
• Is defamatory
• Contains obscene/sexual content
Shape-based refusal:
• Natural shape of goods
• Technically necessary shape
• Shape giving substantial value
Case Laws (Important for Exams)
• Hindustan Development Corp. v. Registrar
→ “Rasoi” for edible oil refused (descriptive)
• Vijay Kumar Ahuja v. Lalita Ahuja
→ Common words like “Mister”, “Defence” refused
• Vishnu Cement v. B.S. Cement Pvt. Ltd.
→ Religious/common words not registrable
2. Relative Grounds (Section 11)
Based on similarity with existing trademarks.
Refusal when:
• Identical mark + similar goods
• Similar mark + identical goods
• Likelihood of confusion
• Existing well-known trademark
Famous Case Examples
• Bata India Ltd. v. Pyarelal & Co.
• Honda Motors v. Charanjeet Singh
• Daimler Benz v. Hybo Hindustan
👉 Famous marks get stronger protection
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Trademark Infringement & Remedies (Section 29, 52, 134, 135)
What is Trademark Infringement? (Section 29)
Infringement occurs when:
• Unauthorized person uses trademark
• Mark is identical or deceptively similar
• Causes confusion in public
Types of Infringement
1. Direct Copy
Using identical mark
2. Deceptive Similarity
Looks/sounds similar
3. False Representation
Creates impression of ownership
Important Case Laws
• Dhariwal Industries v. S.S.S. Food Products
→ “Manik Chand” misuse
• Bhuvanesh Mohan Lal Amin v. Nirma Chemicals
→ Nirma vs Nima = infringement
• Atlas Cycle v. Atlas Products
→ “House of Atlas” rejected
• D.R. Kosmatic v. J.R. Industries
→ BUFIN vs BUFFER = confusing
• Yeth Holdings v. Barnet Pharma
→ FOLVITE vs FOL-V = infringement
When There is NO Infringement
• Words are generic
• No confusion created
Case:
Shakti Bhog Atta vs Shiv Shakti → No infringement
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Legal Remedies for Trademark Infringement
1. Injunction (Most Powerful Remedy)
Court can stop defendant immediately.
Conditions:
• Irreparable harm
• No adequate compensation
Case Law:
Grandlay India Ltd. v. Vidya Batra
2. Suit for Infringement (Section 134)
Can be filed in:
• District Court
• Place where plaintiff resides or works
3. Compensation (Section 135)
Plaintiff can claim:
• Damages
• Account of profits
4. Confiscation of Goods
Under criminal provisions:
• Fake goods can be seized
5. Right of Registered User (Section 52)
Registered user can:
• File suit in own name
• Treat proprietor as defendant
6. Criminal Remedies
Under Sections 103–105:
• Imprisonment
• Fine
• Seizure
Important Judicial Observations
• Similar pronunciation = infringement
• Visual similarity = infringement
• Market confusion = key test
Case Insight (Practical)
Raymond Ltd. v. Raymond Pharmaceuticals
→ Same name but different industries → No confusion → No injunction
👉 Courts focus on actual confusion, not theoretical similarity.
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Conclusion (Hard Truth)
Trademark law is simple:
• If your mark is weak → it won’t get registered
• If your mark is not protected → it will be copied
• If confusion exists → courts will stop you
Success depends on:
• Strong brand name
• Early registration
• Aggressive enforcement
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MCQs on Trade Marks Act, 1999
1. Under which section is application for trademark registration filed?
A. Section 9
B. Section 11
C. Section 18
D. Section 23
Answer: C.
2. Who can apply for trademark registration?
A. Only companies
B. Only individuals
C. Any person claiming ownership
D. Only government
Answer: C.
3. What can the Registrar do after receiving an application?
A. Only accept
B. Only reject
C. Accept, reject, or accept with conditions
D. Forward to court
Answer: C.
4. Under which section can acceptance be revoked?
A. Section 18
B. Section 19
C. Section 20
D. Section 21
Answer: B.
5. Trademark is published under which section?
A. Section 19
B. Section 20
C. Section 21
D. Section 22
Answer: B.
6. Within how many months can opposition be filed?
A. 1 month
B. 2 months
C. 3 months
D. 6 months
Answer: C.
7. Opposition to trademark is governed under:
A. Section 20
B. Section 21
C. Section 22
D. Section 23
Answer: B.
8. Trademark registration is valid for:
A. 5 years
B. 10 years
C. 20 years
D. Lifetime
Answer: B.
9. Trademark can be renewed for:
A. 5 years
B. 10 years
C. 15 years
D. Cannot be renewed
Answer: B.
10. Absolute grounds for refusal are mentioned in:
A. Section 9
B. Section 11
C. Section 18
D. Section 29
Answer: A.
11. Relative grounds for refusal are mentioned in:
A. Section 9
B. Section 11
C. Section 19
D. Section 23
Answer: B.
12. Which of the following can be refused under Section 9?
A. Unique invented word
B. Deceptive mark
C. Registered mark
D. Licensed mark
Answer: B.
13. Trademark infringement is defined under:
A. Section 21
B. Section 25
C. Section 29
D. Section 50
Answer: C.
14. Which is NOT a remedy for infringement?
A. Injunction
B. Compensation
C. Imprisonment
D. Marriage registration
Answer: D.
15. Suit for infringement can be filed under:
A. Section 29
B. Section 52
C. Section 134
D. Section 9
Answer: C.
16. Compensation is provided under:
A. Section 135
B. Section 18
C. Section 20
D. Section 11
Answer: A.
17. Who can file suit for infringement?
A. Only police
B. Only government
C. Registered proprietor or user
D. Any citizen
Answer: C.
18. Joint ownership of trademark is allowed under:
A. Section 23
B. Section 24
C. Section 25
D. Section 29
Answer: B.
19. If trademark is not renewed, it will be:
A. Sold
B. Ignored
C. Removed from register
D. Transferred automatically
Answer: C.
20. Main test of infringement is:
A. Ownership
B. Registration
C. Public confusion
D. Profit
Answer: C.
FAQs on Trade Marks Act, 1999
1. What is the procedure for trademark registration in India?
- The procedure includes application filing, examination, publication, opposition, and final registration under Sections 18–23 of the Trade Marks Act, 1999.
2. What are the grounds for refusal of trademark registration?
- Trademark can be refused on absolute grounds (Section 9) and relative grounds (Section 11), mainly due to deception, similarity, or confusion.
3. How long is a trademark valid in India?
- A trademark is valid for 10 years and can be renewed indefinitely for further periods of 10 years.
4. What is trademark infringement under Indian law?
- Trademark infringement occurs when an unauthorized person uses a mark identical or similar to a registered trademark causing confusion.
5. What remedies are available for trademark infringement?
- Remedies include injunction, damages, account of profits, and confiscation of infringing goods.
6. Who can file a trademark infringement case?
- The registered proprietor or a registered user of the trademark can file a suit for infringement.
7. What is the role of the Registrar in trademark registration?
- The Registrar examines applications, allows or rejects them, publishes marks, and decides opposition cases.
8. Can a trademark be jointly owned?
- Yes, under Section 24, a trademark can be jointly owned by two or more persons.
9. What happens if a trademark is not renewed?
- If not renewed, the trademark is removed from the register, but it may be restored within a limited period.
10. What is the test for trademark infringement?
- The main test is whether the mark creates confusion or deception in the minds of the public.
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