Advertisement of application
Section 20 of the Trade Marks Act, 1999 deals with advertisement of application. When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has The Act came into force on 15 Sep 2003.
(1) When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner:
Provided that the Registrar may cause the application to be advertised before acceptance if it relates to a trade mark to which sub-section (1) of section 9 and sub-sections (1) and (2) of section 11 apply, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do.
(2) Where--
(a) an application has been advertised before acceptance under sub-section (1); or
(b) after advertisement of an application,--
(i) an error in the application has been corrected; or
(ii) the application has been permitted to be amended under section 22, the Registrar may in his discretion cause the application to be advertised again or in any case falling under clause (b) may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.
Section 20, 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.
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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Yamaha Hatsudoki Kabushiki Kaisha v. The Registrar of Trade Marks
Court's Decision & Legal Precedent
Where Registrar finds Trade Marks Act s.11(1) relative grounds apply but applicant has placed elaborate material on prior international use, concurrent use, and spillover reputation, the Registrar cannot stop at cryptic refusal — proviso to s.20(1) specifically contemplates advertisement before acceptance when s.9/s.11 apply or exceptional circumstances exist; following Jai Bhagwan Gupta, Registrar must consider that option with reasons — cryptic s.11 refusal of Yamaha's WR mark set aside with direction to advertise before acceptance under the proviso.
On this section: True
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Jai Bhagwan Gupta v. Registrar of Trade Marks
Court's Decision & Legal Precedent
Under Trade Marks Act s.20(1), advertisement after acceptance is the rule and advertisement before acceptance under the proviso is the exception requiring conscious application of mind; mechanical/indiscriminate advertisement-before-acceptance of nearly all applications shifts the purity-of-register burden onto proprietors and is impermissible — Registrar must pass a brief specific order under s.20(1) or the proviso stating why advertisement after acceptance or before acceptance is directed.
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.
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 20
What have the courts held on Section 20 of the Trade Marks Act?
Yamaha Hatsudoki Kabushiki Kaisha v. The Registrar of Trade Marks (13 Jun 2025) is the leading judgment on this section among those set out below: True. Another 1 judgment on this section is set out below. They run from 2020 to 2025.
How do I find court cases under Section 20 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 20, section 20 Trade Marks Act, section 20 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Yamaha Hatsudoki Kabushiki Kaisha v. The Registrar of Trade Marks (13 Jun 2025).
What should I read with Section 20 of the Trade Marks Act, and has it changed?
Its own text turns on section 9 (Absolute grounds for refusal of registration), section 11 (Relative grounds for refusal of registration), section 22 (Correction and amendment), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. One instrument names it without being made under it, most recently The Trade Marks (Amendment) Rules, 2013 (2013).
When did Section 20 of the Trade Marks Act come into force?
Section 20 of the Trade Marks Act, cited as Trade Marks Act 20, 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.