Saving for use of name, address or description of goods or services
Section 35 of the Trade Marks Act, 1999 deals with saving for use of name, address or description of goods or services. Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the u The Act came into force on 15 Sep 2003.
Nothing in this Act shall entitle the proprietor or a registered user of a registered trade mark to interfere with any bona fide use by a person of his own name or that of his place of business, or of the name, or of the name of the place of business, of any of his predecessors in business, or the use by any person of any bona fide description of the character or quality of his goods or services.
Section 35, 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 1
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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Jangeer Singh Trading As Jangeer Singh Kabulshah Agriculture Works v. Yogesh Jangid Trading As Jangid Agro Engineering
Court's Decision & Legal Precedent
Trade Marks Act s.35's non obstante clause lets a person use his own name or a predecessor's business name as a trade mark in a bona fide manner, and the defence applies in both infringement and passing-off; where both parties use surname-based marks (JANGEER vs JANGID) for agricultural implements and the defendant shows long bona fide family use, Del HC denied a blanket interim injunction and instead bound the defendant only to use its registered device form (not JANGIR/JANGEER or stand-alone JANGID), applying Precious Jewels and Jindal Industries.
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.
Questions about Section 35
What have the courts held on Section 35 of the Trade Marks Act?
Jangeer Singh Trading As Jangeer Singh Kabulshah Agriculture Works v. Yogesh Jangid Trading As Jangid Agro Engineering (11 Mar 2025) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 35 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 35, section 35 Trade Marks Act, section 35 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 Jangeer Singh Trading As Jangeer Singh Kabulshah Agriculture Works v. Yogesh Jangid Trading As Jangid Agro Engineering (11 Mar 2025).
What should I read with Section 35 of the Trade Marks Act, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 35 of the Trade Marks Act come into force?
Section 35 of the Trade Marks Act, cited as Trade Marks Act 35, 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.