Application for registration
Section 18 of the Trade Marks Act, 1999 deals with application for registration. Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark. The Act came into force on 15 Sep 2003.
(1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.
(2) A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services.
(3) Every application under sub-section (1) shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situate:
Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situate.
(4) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.
(5) In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.
Section 18, The Trade Marks Act, 1999 (Act 47 of 1999).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 9
- s. 11 Relative grounds for refusal of registration
- s. 22 Correction and amendment
- s. 36B Definitions
- s. 36D International application originating from India
- s. 36E International registrations where India has been designated
- s. 69 Certain provisions of this Act not applicable to certification trade marks
- s. 71 Applications for registration of certification trade marks
- s. 73 Opposition to registration of certification trade marks
- s. 157 Power to make rules
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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Sidharth Jindal v. Registrar of Trade Marks
Court's Decision & Legal Precedent
Labelled Final Order 07.08.2025 (order-4.pdf; DATE-VERIFIED): On a s.91 CMA against refusal of “BANGTAN BOYS BTS” (proposed-to-be-used), Madras HC set aside the Registrar’s order. Court held cited rival marks were for dissimilar goods/services and not deceptively similar when compared as a whole; s.9/11 objections were unsustainable; and refusing registration merely because the application was on a “proposed-to-be-used” basis is ex facie contrary to s.18. Directed the application to proceed to advertisement (without binding future opponents).
On this section: Core holding that s.18 permits proposed-to-be-used applications; refusal on that ground alone is unlawful.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… and if the applicant intends to appeal from such decision, he may apply within 30 days in Form TM-M to the Registrar whereupon the grounds of refusal/conditional acceptance shall be furnished. 5. This Court is of the view that the Registrar of Trade Marks is duty bound to send the copy of the order passed under Section 18(5) of the Trade Marks Act containing the grounds for refusal/conditional acceptance and material used by him in arriving at his decision to the applicant. Rule 36 of the Trade Marks Rules is arbitrary, unreasonable and inconsistent with the mandatory provision of the statute insofar as it empowers the Registry to …
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 18
What have the courts held on Section 18 of the Trade Marks Act?
Sidharth Jindal v. Registrar of Trade Marks (07 Aug 2025) is the leading judgment on this section among those set out below: Core holding that s.18 permits proposed-to-be-used applications; refusal on that ground alone is unlawful.
How do I find court cases under Section 18 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 18, section 18 Trade Marks Act, section 18 of the Trade Marks Act. People searching for it also type trademark act 1999 section 18. 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 Sidharth Jindal v. Registrar of Trade Marks (07 Aug 2025).
What should I read with Section 18 of the Trade Marks Act, and has it changed?
9 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Trade Marks Rules, 2002 (2002).
When did Section 18 of the Trade Marks Act come into force?
Section 18 of the Trade Marks Act, cited as Trade Marks Act 18, 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 14 Oct 2026. This page is not a substitute for legal advice.