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Section31
The Trade Marks Act, 1999

Registration to be prima facie evidence of validity

In force From 15 Sep 2003 Act 47 of 1999 As on 16 Oct 2026

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

Section 31 of the Trade Marks Act, 1999 deals with registration to be prima facie evidence of validity. In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof. The Act came into force on 15 Sep 2003.

(1) In all legal proceedings relating to a trade mark registered under this Act (including applications under section 57), the original registration of the trade mark and of all subsequent assignments and transmissions of the trade mark shall be prima facie evidence of the validity thereof.

(2) In all legal proceedings as aforesaid a registered trade mark shall not be held to be invalid on the ground that it was not a registrable trade mark under section 9 except upon evidence of distinctiveness and that such evidence was not submitted to the Registrar before registration, if it is proved that the trade mark had been so used by the registered proprietor or his predecessor in title as to have become distinctive at the date of registration.

Section 31, 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

  1. s. 9 Absolute grounds for refusal of registration
  2. s. 57 Power to cancel or vary registration and to rectify the register

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. Jabbar Ahmed v. Prince Industries & Anr.

    High Court 08 May 2003 Persuasive (High Court — Final Order / Judgement) CM(M) 102/2001 (Del HC — R.C. Jain, J.) — 08.05.2003

    Court's Decision & Legal Precedent

    Registration is prima facie evidence of validity (Trade Marks Act s.31 / predecessor scheme) and the rectification applicant bears a heavy onus to displace that presumption with cogent continuous-user evidence — income-tax/sales-tax assessments and bald affidavits do not prove prior continuous use of 'BELL' from 1962 through the registered proprietor's adoption/registration period; Del HC set aside Registrar expunction and restored the mark.

    On this section: True

    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 31

What have the courts held on Section 31 of the Trade Marks Act?

Jabbar Ahmed v. Prince Industries & Anr. (08 May 2003) is the leading judgment on this section among those set out below: True.

How do I find court cases under Section 31 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 31, section 31 Trade Marks Act, section 31 of the Trade Marks Act. 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 Jabbar Ahmed v. Prince Industries & Anr. (08 May 2003).

What should I read with Section 31 of the Trade Marks Act, and has it changed?

Its own text turns on section 9 (Absolute grounds for refusal of registration), section 57 (Power to cancel or vary registration and to rectify the register), so none of them can safely be read on its own.

When did Section 31 of the Trade Marks Act come into force?

Section 31 of the Trade Marks Act, cited as Trade Marks Act 31, 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 16 Oct 2026. This page is not a substitute for legal advice.