Marks registered by an agent or representative without authority
Section 146 of the Trade Marks Act, 1999 deals with marks registered by an agent or representative without authority. If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so a The Act came into force on 15 Sep 2003.
If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour:
Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.
Section 146, The Trade Marks Act, 1999 (Act 47 of 1999).
Questions about Section 146
What does Section 146 of the Trade Marks Act deal with?
Section 146 of the Trade Marks Act is headed "Marks registered by an agent or representative without authority". If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so a
How do I find court cases under Section 146 of the Trade Marks Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 146, section 146 Trade Marks Act, section 146 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 146 of the Trade Marks Act come into force?
Section 146 of the Trade Marks Act, cited as Trade Marks Act 146, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 18 Oct 2026. This page is not a substitute for legal advice.