Sections 147 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 147 requires the Registrar to keep four indexes: of registered marks, of pending applications, of proprietors' names and of registered users' names. Section 148 lists the register and other documents that are open to public inspection at the Trade Marks Registry and says that any person may obtain a certified copy on application and payment of the prescribed fee. These sections are why a trademark search is possible at all. Before filing, a search through the register is part of our trademark registration service.
The Registrar keeps four indexes (registered marks, pending applications, proprietors' names, registered users' names). Under section 148, the register, documents behind entries, opposition and rectification papers filed before the Registrar, deposited regulations, the indexes and any notified documents are open to public inspection at the Registry, subject to prescribed conditions and to section 49(4). Where the register is on computer, inspection is of the printout of the entry. Any person may obtain a certified copy on application and payment of the prescribed fee.
Section 147: the four indexes
"There shall be kept under the direction and supervision of the Registrar":
| Clause | Index |
|---|---|
| (a) | An index of registered trade marks |
| (b) | An index of trade marks in respect of which applications for registration are pending |
| (c) | An index of the names of the proprietors of registered trade marks |
| (d) | An index of the names of registered users |
The section says only that these indexes "shall be kept". It does not say in what form (paper or electronic) or how they are arranged; that is left to the Registry and the rules. Indexes (a) and (b) let a searcher look for marks; (c) and (d) let you look for people. For searching in practice, see trademark search before filing.
Section 148(1): what is open to inspection
"Save as otherwise provided in sub-section (4) of Section 49, the following documents shall, subject to such conditions as may be prescribed, be open to public inspection at the Trade Marks Registry":
| Clause | Document |
|---|---|
| (a) | The register and any document upon which any entry in the register is based |
| (b) | Every notice of opposition to the registration of a trade mark, application for rectification before the Registrar, counter statement to them, and any affidavit or document filed by the parties in any proceedings before the Registrar |
| (c) | All regulations deposited under section 63 or section 74, and all applications under section 66 or section 77 varying such regulations |
| (d) | The indexes mentioned in section 147 |
| (e) | Such other documents as the Central Government may, by notification in the Official Gazette, specify |
The two limits
- Section 49(4): the opening words say "save as otherwise provided in sub-section (4) of Section 49". The content of section 49(4) is not set out in section 148; read that sub-section for the exception.
- Prescribed conditions: inspection is "subject to such conditions as may be prescribed". The conditions are in the Trade Marks Rules, 2017, not in the Act.
The computer proviso
"Provided that when such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer printout of the relevant entry in the register so maintained on computer."
So where the register is held on computer, you inspect a printout of the entry you want rather than the whole electronic register.
Example. Sharma Tea wants to know whether "DARJEE GOLD" has been opposed. It can inspect the register entry (clause (a)) and the notice of opposition and counter statement filed before the Registrar (clause (b)), under the prescribed conditions.
Section 148(2): certified copies
"Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1)."
Note "any person": no interest in the mark has to be shown. The fee is prescribed by the rules; the Act states no amount. A copy so certified is admissible in evidence under section 137 if it purports to be certified by the Registrar and sealed with the Registry seal.
How the two sections work together
- Section 147 sets up the indexes that make the register searchable.
- Section 148(1) opens the register, supporting papers, opposition and rectification papers, deposited regulations and the indexes to the public, under conditions.
- Section 148(2) lets anyone get a certified copy, which section 137 treats as proof without producing the original.
Practical points
- Before adopting a brand, check both the registered and pending indexes; a pending application is also in an index under section 147(b).
- If you are facing an opposition or rectification, the papers filed by the parties before the Registrar can be inspected under section 148(1)(b).
- Take a certified copy, not a screenshot, for a court or tribunal filing.
- Look at the Trade Marks Rules, 2017 for the conditions and the fee; do not rely on this article for amounts.
Need help searching or inspecting the register?
A search that covers registered marks, pending applications and owner names can save you from a clash after launch. Our trademark registration team can run the search and obtain certified copies where needed.
Key takeaways
- The Registrar keeps four indexes: registered marks, pending applications, proprietors' names and registered users' names.
- The register, supporting documents, opposition and rectification papers, deposited regulations, the indexes and notified documents are open to public inspection, subject to prescribed conditions and section 49(4).
- A computerised register is inspected by printout of the relevant entry.
- Any person may obtain a certified copy on application and payment of the prescribed fee.
Read next
- Sections 149–150: Registrar's reports, fees and surcharge
- Sections 136–138: registered user as party and evidence of register entries
- Trademark search: how to check availability
- How to check trademark status on the IP India portal
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.