Section 134 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 134 says which court can hear a trade mark suit. No suit for infringement of a registered mark, for a right in a registered mark, or for passing off may be filed in a court lower than a District Court. Sub-section (2) then adds a forum that many owners find useful: the District Court where the plaintiff himself resides or carries on business. If you plan to send a notice before suing, our trademark infringement notice service covers that step.
Under sub-section (1), infringement, "any right in a registered trade mark" and passing off suits cannot be filed in any court inferior to a District Court having jurisdiction to try the suit. Under sub-section (2), for the infringement and right-in-a-mark suits, a District Court having jurisdiction includes the court where the plaintiff actually and voluntarily resides, carries on business or personally works for gain, regardless of the Code of Civil Procedure. The Explanation says "person" covers the registered proprietor and the registered user.
Sub-section (1): which suits and which court
Sub-section (1) lists three kinds of suit. None of them "shall be instituted in any court inferior to a District Court having jurisdiction to try the suit":
| Clause | Suit |
|---|---|
| (a) | For the infringement of a registered trade mark |
| (b) | Relating to any right in a registered trade mark |
| (c) | For passing off arising out of the use by the defendant of any trade mark identical with or deceptively similar to the plaintiff's trade mark, whether registered or unregistered |
Two points follow from the words. First, the floor is the District Court: a civil judge's court below that level cannot take these suits. The section does not itself say which courts above the District Court may hear them; for that, check the Code of Civil Procedure, 1908 and the local rules of the High Court concerned. Second, clause (c) is not limited to registered marks, so an unregistered brand owner suing for passing off is also covered. The difference between the two actions is explained in infringement vs passing off.
Sub-section (2): the plaintiff's own court
Sub-section (2) widens the meaning of "District Court having jurisdiction". It says that, "notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or any other law for the time being in force", the expression includes a District Court within whose local limits the person instituting the suit, "at the time of the institution of the suit or other proceeding":
- actually and voluntarily resides, or
- carries on business, or
- personally works for gain.
Where there is more than one plaintiff, the text says "any of them" is enough.
What the sub-section does not say
- It applies "for the purpose of clauses (a) and (b) of sub-section (1)" only. That is the registered-mark infringement suit and the suit relating to a right in a registered mark. Passing off in clause (c) is not mentioned in sub-section (2); for a pure passing off suit, the general rules of the Code of Civil Procedure apply.
- It says the District Court "includes" the plaintiff's court. The word is "includes", not "means", so the ordinary forums under the Code are not taken away by the text.
- It speaks of residence, business or personal work "at the time of the institution". The test is where the plaintiff is on the day of filing.
The Explanation
"For the purposes of sub-section (2), 'person' includes the registered proprietor and the registered user." So the owner of the registration and a registered user (a licensee recorded under the Act's registered-user provisions) can each rely on their own place of residence or business.
Example. Kalpana Textiles has its head office in Jaipur and a registered mark "KALPANA SILK". A Pune trader sells copies under a deceptively similar name. Under sub-section (1) Kalpana must file in a District Court or a higher court that has jurisdiction. Under sub-section (2), the District Court for Jaipur, where Kalpana carries on business, is a "District Court having jurisdiction" for the infringement suit, even though the defendant sits in Pune. The same suit, if it were only for passing off of an unregistered mark, would not get this extra forum from sub-section (2).
Who benefits
| Person | Effect of section 134 |
|---|---|
| Registered proprietor | Can sue for infringement at its own place of residence or business |
| Registered user | Counts as a "person"; its own place also qualifies |
| Unregistered mark owner | Passing off suit goes to a District Court or higher; no extra forum from sub-section (2) |
| Defendant | May be sued away from home in an infringement suit |
Practical points
- Before filing, note the plaintiff's address of residence or business on the date of filing; that is the date the text uses.
- Decide whether the suit is for registered-mark infringement (clauses (a) and (b)) or only passing off (clause (c)); the extra forum follows that line.
- Where there are several plaintiffs, the place of any one of them can serve.
- The section says nothing about court fees, interim relief or the prescribed form of plaint. Interim and final relief are in section 135.
Need help with an infringement suit?
Choosing the court and the plaintiff's address on record can shape the whole case. Our trademark infringement notice team can prepare the notice and the facts a lawyer will need before the suit is filed in the right District Court.
Key takeaways
- No infringement, right-in-a-registered-mark or passing off suit lies in a court inferior to a District Court.
- Passing off is covered whether the mark is registered or unregistered.
- For clauses (a) and (b), the plaintiff's place of actual and voluntary residence, business or personal work for gain is an added forum.
- "Person" includes the registered proprietor and the registered user.
- The section is silent on fees, interim relief and procedure.
Read next
- Section 135: relief in suits for infringement or passing off
- Section 142: groundless threats of legal proceedings
- Trademark infringement: what constitutes it and the remedies
- Civil remedies for trademark infringement: injunction and damages
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.