Effect of registration of parts of a mark
Section 17 of the Trade Marks Act, 1999 deals with effect of registration of parts of a mark. When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole. The Act came into force on 15 Sep 2003.
(1) When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole.
(2) Notwithstanding anything contained in sub-section (1), when a trade mark--
(a) contains any part--
(i) which is not the subject of a separate application by the proprietor for registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade mark; or
(b) contains any matter which is common to the trade or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.
Section 17, The Trade Marks Act, 1999 (Act 47 of 1999).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Apex Laboratories Pvt. Ltd. v. Knoll Healthcare Pvt. Ltd.
Court's Decision & Legal Precedent
Trade Marks Act s.13(a) bars registration only of the commonly used/accepted name of a single chemical element or single chemical compound (as distinguished from a mixture) for a chemical substance/preparation, or of WHO INNs; ZINCOVIT — a portmanteau of zinc plus vitamins — is neither the name of a single chemical element nor of a single chemical compound, so it does not fall within s.13 and the defendant's s.13 challenge to the plaintiff's long-standing Class 5 registration fails; Mad HC decreed infringement/passing-off and rectified the defendant's ZINOLVITA mark.
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 17
What have the courts held on Section 17 of the Trade Marks Act?
Apex Laboratories Pvt. Ltd. v. Knoll Healthcare Pvt. Ltd. (19 Jun 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 17 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 17, section 17 Trade Marks Act, section 17 of the Trade Marks Act. People searching for it also type trademark act s 17. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Apex Laboratories Pvt. Ltd. v. Knoll Healthcare Pvt. Ltd. (19 Jun 2025).
When did Section 17 of the Trade Marks Act come into force?
Section 17 of the Trade Marks Act, cited as Trade Marks Act 17, 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 15 Oct 2026. This page is not a substitute for legal advice.