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Section27
The Trade Marks Act, 1999

No action for infringement of unregistered trade mark

In force From 15 Sep 2003 Act 47 of 1999 As on 15 Oct 2026

Act 47 of 1999 Ministry Commerce and Industry Enacted 30 Dec 1999 In force 15 Sep 2003

Section 27 of the Trade Marks Act, 1999 deals with no action for infringement of unregistered trade mark. No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark. The Act came into force on 15 Sep 2003.

(1) No person shall be entitled to institute any proceeding to prevent, or to recover damages for, the infringement of an unregistered trade mark.

(2) Nothing in this Act shall be deemed to affect rights of action against any person for passing off goods or services as the goods of another person or as services provided by another person, or the remedies in respect thereof.

Section 27, 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.

  1. T.R. Kumar v. Sony Kabushiki Kaisha

    High Court 14 Dec 2011 Persuasive (High Court) Reportable RFA No. 140 of 2005 (Kerala)

    Court's Decision & Legal Precedent

    Final Order order-1.pdf 2011-12-14 DATE VERIFIED. P. Bhavadasan J. RFA 140/2005. Isolate: Trade Marks Act s.27 — no infringement action on an unregistered mark; s.27(2) preserves passing-off as a statutory remedy. Trial court: no infringement (different goods) but passing-off of “SONY Travelling Goods”. HC dismissed the appeal. Distinctive (Sony). Leading HC. Do not pad 28 or 29 (29 already filled).

    On this section: Trade Marks Act s.27 bars an infringement suit on an unregistered mark while s.27(2) preserves passing-off; unregistered “SONY” travelling-goods use was passing-off, not infringement (T.R. Kumar).

    Read the full order on eCourts India

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 27

What have the courts held on Section 27 of the Trade Marks Act?

T.R. Kumar v. Sony Kabushiki Kaisha (14 Dec 2011) is the leading judgment on this section among those set out below: Trade Marks Act s.27 bars an infringement suit on an unregistered mark while s.27(2) preserves passing-off; unregistered “SONY” travelling-goods use was passing-off, not infringement (T.R. Kumar).

How do I find court cases under Section 27 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 27, section 27 Trade Marks Act, section 27 of the Trade Marks Act. People searching for it also type trademark act 1999 section 27. 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 T.R. Kumar v. Sony Kabushiki Kaisha (14 Dec 2011).

When did Section 27 of the Trade Marks Act come into force?

Section 27 of the Trade Marks Act, commonly called passing off, and cited as Trade Marks Act 27, 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

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.