Sections 143 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 143 makes the address for service you give in a trade mark application or notice of opposition your address for that matter, so documents sent there count as served. Section 144 says that in any proceeding relating to a trade mark, evidence of the usages of the trade and of relevant trade marks, trade names or get-up legitimately used by others must be admitted. Getting the address right is a small step with large consequences; see our trademark registration service for filing support.
Section 143: an address for service stated in an application or notice of opposition is deemed to be the address of the applicant or opponent, and all documents may be served by leaving them at, or sending them by post to, that address. Section 144: in any trade mark proceeding the Registrar or the High Court, as the case may be, shall admit evidence of usages of the trade concerned and of any relevant trade mark, trade name or get-up legitimately used by other persons.
Section 143: address for service
The section is one sentence:
"An address for service stated in an application or notice of opposition shall for the purposes of the application or notice of opposition be deemed to be the address of the applicant or opponent, as the case may be, and all documents in relation to the application or notice of opposition may be served by leaving them at or sending them by post to the address for service of the applicant or opponent, as the case may be."
What it covers
| Item | Section 143 says |
|---|---|
| Where the address is stated | In an application or a notice of opposition |
| Whose address it becomes | The applicant's or opponent's, "for the purposes of the application or notice of opposition" |
| How documents may be served | By leaving them at the address or sending them by post |
| Documents covered | "All documents in relation to" the application or notice of opposition |
What follows for you
- The address is deemed to be yours for that application or opposition only. It does not become your address for other purposes.
- Service by leaving at or posting to that address is enough on its face. If you move or the address is wrong, you carry the risk. The text does not say what happens if you change the address mid-way; check the Trade Marks Rules, 2017 for how a change of address for service is recorded.
- The section does not fix any deemed date of receipt or any time limit for reply. Time limits come from the provision under which a document is issued.
Example. Mishra Handicrafts files an application and gives its agent's office in Lucknow as the address for service. The Registry posts an examination report there. Under section 143, that address is deemed to be Mishra's address for the application, and the posting is service. If the agent's office has closed and nobody collects the post, the applicant cannot say it never got the report merely because it did not reach the owner's home. For what to do on receiving a report, see how to respond to a trademark office action.
Section 144: trade usages to be taken into consideration
A note on the wording
The printed text of section 144 says "the tribunal shall admit evidence". The Tribunals Reforms Act, 2021, in its clause (w), substitutes the words "Registrar or the High Court, as the case may be," for "tribunal" in section 144. Before the Tribunals Reforms Act, 2021 this read "tribunal". The current wording is used below.
The rule
"In any proceeding relating to a trade mark, the Registrar or the High Court, as the case may be, shall admit evidence of:"
- the usages of the trade concerned; and
- any relevant trade mark or trade name or get-up legitimately used by other persons.
The word is "shall". The authority hearing the matter must admit such evidence; the section does not say how much weight it carries.
| Who | Hearing | Evidence it must admit |
|---|---|---|
| Registrar | Proceedings before the Registrar (for example opposition or rectification before him) | Usages of the trade; marks, names or get-up legitimately used by others |
| High Court | Proceedings before the High Court | The same |
Note the word "legitimately". Evidence of marks used by others helps to show what is common in a trade, but the text speaks only of use that is legitimate.
Example. In an opposition about "KRISHNA" for sweets, the applicant files evidence that many sweet makers in the region use religious names and a particular gold-and-red box get-up. Section 144 requires that evidence to be admitted. How it affects the outcome is for the decision-maker.
Why the two sections sit together
Both are procedural. Section 143 is about how documents reach you; section 144 is about what material can be put before the Registrar or the High Court. A prudent applicant keeps its address current and collects trade evidence early. The related provisions on agents are in sections 145–146.
Practical points
- Give an address for service that is staffed and reliable; mail left or posted there is treated as served.
- Tell the Registry if the address changes, in the manner the Trade Marks Rules, 2017 provide.
- Collect evidence of how the trade actually uses words, colours and get-up before a hearing.
- Remember that section 144 is about admission of evidence; it does not tell the decision-maker what weight to give it.
Need help with filing and notices?
A correct address for service avoids missed notices and lapsed applications. Our trademark registration team files applications with an address that is monitored and keeps track of examination and hearing dates for you.
Key takeaways
- The address for service in an application or notice of opposition is deemed to be the applicant's or opponent's address for that matter.
- Documents may be served by leaving them at, or posting them to, that address.
- In any trade mark proceeding the Registrar or the High Court, as the case may be, shall admit evidence of trade usages and of relevant marks, names or get-up legitimately used by others.
- Before the Tribunals Reforms Act, 2021 section 144 said "tribunal".
Read next
- Sections 145–146: trade mark agents and marks registered by an agent without authority
- Sections 147–148: indexes and documents open to public inspection
- How to respond to a trademark office action
- Trademark application process: filing to registration
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.