Registration
Section 23 of the Trade Marks Act, 1999 deals with registration. Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either-- (a) the application has not been opposed and the time for notice of opposition has expired; The Act came into force on 15 Sep 2003.
(1) Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either--
(a) the application has not been opposed and the time for notice of opposition has expired; or
(b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said trade mark 1[within eighteen months of the filing of the application] and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration.
(2) On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry.
(3) Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.
(4) The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake.
Section 23, 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.
This section refers to
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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… the petitioner Union is resisted by the 2nd respondent with reference to the provisions of the Trade Marks Act, 1999, contending that it had already obtained registration under the afore Statute as regards the trademark, as evidenced by Ext.P7(A). The registration, as above, is obtained by the 2nd respondent under Section 23 of the Trade Marks Act, 1999. Chapter IV of the afore Act lays down the effect of obtaining a registration. Section 28 of the Trade Marks Act, 1999, provides for the rights conferred on account of the registration in the following terms: "Sec.28. Rights conferred by registration.— (1) Subject to the other …
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… Plaintiff no.1 is registered owner of trade mark "Girdhar Khadi". A certificate of registration of trade mark dated 4.3.2005 in Class 3 has been issued under section 23 (2) of Trade Marks Act, 1999 (hereinafter referred to as the 'Act of 1999' ), relevant part thereof is extracted as under:- "In Class 3 Under No.1342394 as of the Date 04-Mar-2005 in respect of BLEACHING PREPARATIONS AND OTHER SUBSTANCES FOR LAUNDRY USE, CLEANING INCLUDING WASHING SOAP, WASHING POWDER, CAKE, …
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… However, no such evidence is filed by the opponent. ..2.. Learned counsel for the petitioner states that under Rule 50 read with Section 23 of the Trade Marks Act, 1999, since the application is not opposed and time for submitting objections is already over, the registry is required to register the trademark. It is evident from the above and particularly, the instructions received by the learned Assistant Solicitor General, that no evidence has …
Questions about Section 23
What does Section 23 of the Trade Marks Act deal with?
Section 23 of the Trade Marks Act is headed "Registration". Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either-- (a) the application has not been opposed and the time for notice of opposition has expired;
How do I find court cases under Section 23 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 23, section 23 Trade Marks Act, section 23 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 23 of the Trade Marks Act, and has it changed?
Its own text turns on section 19 (Withdrawal of acceptance), section 154 (Special provisions relating to applications for registration from citizens of convention countries), so none of them can safely be read on its own. 4 other provisions in this corpus refer back to it.
When did Section 23 of the Trade Marks Act come into force?
Section 23 of the Trade Marks Act, cited as Trade Marks Act 23, 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.