Sections 145 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 145 says who may act before the Registrar on behalf of another person: a legal practitioner, a registered trade marks agent, or a person in the sole and regular employment of the principal. Section 146 protects a brand owner whose agent or representative, without authority, uses, applies for or registers the mark in his own name: the owner may oppose, seek cancellation or rectification, and have the mark assigned to him, within three years of becoming aware. For filing through an authorised professional, see our trademark registration service.
Section 145: an act required by the Act to be done before the Registrar (other than making an affidavit) may be done by a duly authorised legal practitioner, registered trade marks agent, or employee in sole and regular employment. Section 146: if an agent or representative of the proprietor of a registered trade mark, without authority, uses or attempts to register or registers the mark in his name, the proprietor may oppose, secure cancellation or rectification and become registered proprietor by assignment, but within three years of becoming aware of the agent's conduct.
Section 145: who may act for you
The section reads: "Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is:"
| Clause | Person |
|---|---|
| (a) | A legal practitioner |
| (b) | A person registered in the prescribed manner as a trade marks agent |
| (c) | A person in the sole and regular employment of the principal |
Points from the text
- An affidavit must be made by the person himself; an agent cannot make it instead. The exclusion is in the words "other than the making of an affidavit".
- The agent must be duly authorised in the prescribed manner. The manner is set by rules; the form of authorisation is for the Trade Marks Rules, 2017. For a common authorisation, see how to file Form TM-48.
- The power is "subject to the rules made in this behalf", so the Trade Marks Rules, 2017 can add conditions.
- The section lists categories of persons, not an exhaustive code for the register of agents. Registration as an agent is "in the prescribed manner".
Example. Khan Garments wants to file a reply to an examination report. Its employee who is in the sole and regular employment of the company, a registered trade marks agent, or a lawyer can act for it, duly authorised. But Khan's director must personally sign any affidavit of use that the application needs.
Section 146: marks registered by an agent or representative without authority
The rule
"If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his name, the proprietor shall be entitled to:"
- oppose the registration applied for; or
- secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour.
The words cover three kinds of conduct by the agent or representative: uses the mark without authority, attempts to register it, or registers it, in his own name.
| Agent's conduct | Owner's remedies in the text |
|---|---|
| Attempts to register in his own name | Oppose the registration applied for |
| Has registered in his own name | Secure cancellation, or rectification to make the owner registered proprietor by assignment |
| Uses the mark without authority | The section gives the owner the above entitlements; it does not name a separate remedy for use alone |
The section speaks of "the proprietor of a registered trade mark". The section does not say how it applies where the owner's mark is not itself registered in India; take advice in that case.
The proviso: three years
"Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative."
The three years run from the proprietor's awareness, not from the agent's act. The text does not say how awareness is to be proved.
Example. Raj Imports, the Indian distributor for a foreign brand "ZEPHYR", files in its own name. The brand owner learns of it on 10 January 2026. Under the proviso, action must be taken within three years of that awareness, that is, by 10 January 2029. Waiting beyond that risks losing the section 146 remedy.
How the sections fit together
Section 145 lets an authorised person act for a principal; section 146 deals with the situation where an agent or representative acts for himself against the principal. A written agency or distribution agreement that says who owns the mark and bars the agent from filing makes proof easier. For opposition and rectification routes, see trademark opposition explained and rectification and removal.
Practical points
- Appoint only a person within the three categories in section 145 and sign a clear authorisation.
- Keep affidavits for the person himself to sign.
- Watch the register for any application by your distributor or agent in the same mark.
- Note the date you learn of an unauthorised filing; the three-year period runs from it.
Need help with filing through an authorised agent?
Choosing who acts for you, and keeping the paper trail clean, protects your mark from the start. Our trademark registration team files in the owner's name, with proper authorisation, and can flag any attempt by a distributor to register your brand.
Key takeaways
- A legal practitioner, a registered trade marks agent, or a person in sole and regular employment of the principal may act before the Registrar if duly authorised.
- An affidavit cannot be made by an agent instead of the person.
- An agent or representative who, without authority, uses, attempts to register or registers the mark in his name exposes himself to opposition, cancellation or rectification by assignment.
- The owner's action must be taken within three years of becoming aware of the agent's conduct.
Read next
- Sections 143–144: address for service and trade usages
- Sections 147–148: indexes and documents open to public inspection
- How to file Form TM-48: authorization of agent
- Trademark authorization letter (TM-48): draft template
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.