Section 15 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 15 gives brand owners two tools. Sub-sections (1) and (2) let you register the whole of a mark and a part of it as separate trade marks. Sub-section (3) lets you register several marks that resemble each other as a series in one registration. This article takes each sub-section in turn.
A proprietor who claims to be entitled to the exclusive use of a part of a trade mark separately may apply to register the whole and the part as separate trade marks (15(1)); each must satisfy all the conditions and have all the incidents of an independent trade mark (15(2)). Marks that resemble each other in material particulars but differ only in the goods or services statement, number, price, quality or place names, non-distinctive matter, or colour may be registered as a series in one registration (15(3)).
Section 15(1): the whole and a part as separate marks
"Where the proprietor of a trade mark claims to be entitled to the exclusive use of any part thereof separately, he may apply to register the whole and the part as separate trade marks."
Take a logo with a distinctive device and a brand word. If you want exclusive rights in the device alone, as well as in the logo as a whole, section 15(1) lets you apply for both, as two separate marks.
| Point | Text |
|---|---|
| Who | The proprietor who claims to be entitled to exclusive use of a part |
| What | The whole and the part, as separate trade marks |
| Nature | "May apply": an option, not an obligation |
Why bother? Section 17(2) says that where a trade mark contains any part which is not the subject of a separate application or separate registration by the proprietor, registration does not confer exclusive right in that part; see section 17. Applying under 15(1) is the way to bring the part within its own registration.
A trademark registration filing for a logo is often the moment to decide which parts deserve their own application.
Section 15(2): each separate mark stands on its own
"Each such separate trade mark shall satisfy all the conditions applying to and have all the incidents of, an independent trade mark."
This has two sides.
- Conditions. The part must pass the same tests as any mark, including section 9 (distinctiveness and the other absolute grounds) and section 11 (earlier marks). A part that is merely descriptive does not become registrable by being cut out of a larger mark.
- Incidents. Once registered, the part has the rights and consequences of an independent trade mark, including being a separate entry, with its own renewal and its own exposure to challenge.
Section 15(3): a series in one registration
Where a person claiming to be the proprietor of several trade marks in respect of the same or similar goods or services or description of goods or description of services, which, while resembling each other in the material particulars thereof, yet differ in respect of:
| Limb | Difference allowed |
|---|---|
| (a) | Statement of the goods or services in relation to which they are respectively used or proposed to be used |
| (b) | Statement of number, price, quality or names of places |
| (c) | Other matter of a non-distinctive character which does not substantially affect the identity of the trade mark |
| (d) | Colour |
seeks to register those trade marks, they may be registered as a series in one registration.
What a series is for
A series is for near-identical marks of one proprietor that differ only in minor ways. Instead of several separate registrations, you obtain one registration covering the set. The limits come from the four limbs: the differences must be in goods or services statements, numbers, prices, quality or place names, non-distinctive matter that does not substantially affect identity, or colour.
Example. Ananya sells spice blends under a label "Masala Mantra" in red, green and yellow packs, and also "Masala Mantra 100 g" and "Masala Mantra 250 g". The colour variants fall under limb (d); the weight variants fall under limb (b) (statement of number or quality, depending on how stated). She may seek to register them as a series in one registration. If she also wished to add a different word, say "Mantra Gold", that is not a difference in the limbs listed, so it would not fit in that series.
The ownership and similarity conditions
The sub-section requires that the person claims to be the proprietor of several marks, in respect of the same or similar goods or services or description of goods or services, and that the marks resemble each other in the material particulars. The differences listed in (a) to (d) are the only differences the sub-section permits.
How section 15 links to other sections
| Link | What it says |
|---|---|
| 16(3) | A mark and any part registered separately under 15(1) in the same proprietor's name are deemed to be, and shall be registered as, associated trade marks |
| 16(4) | Marks registered as a series under 15(3) are deemed to be, and shall be registered as, associated trade marks |
| 17 | Effect of registration of parts of a mark |
| 10 | Colour limitations; limb (d) of 15(3) concerns colour variants |
| 2(1)(m) | "Mark" includes a combination of colours |
So both routes in section 15 end in association under section 16; see section 16. Association has consequences for dealing with the marks, which the later articles on assignment cover.
Practical points
- Identify the parts you rely on. A word, a device, a slogan within a logo.
- Decide which parts to register separately. The cost goes up with each filing, but a separate registration gives you a separate right. The Rules prescribe the fees; this article states no amount.
- Check the part is distinctive on its own. Section 15(2) requires it to satisfy all conditions of an independent mark.
- Use the series route for variants that differ only in the ways listed.
- Do not stretch the series. Marks that differ in distinctive matter belong in separate applications.
- Plan a portfolio. See trademark portfolio strategy for businesses and logo or word mark first.
Need help with protecting parts of your brand?
Whether to register the whole logo, its device, its word, or a series of variants depends on how you use the brand. Our trademark registration team can map the options to your brand and prepare the filings.
Key takeaways
- A proprietor can apply to register the whole of a mark and a part as separate trade marks (15(1)).
- Each separate mark must satisfy all the conditions and have all the incidents of an independent mark (15(2)).
- Several resembling marks may be registered as a series in one registration if they differ only in the ways listed in 15(3)(a) to (d).
- Parts registered separately and marks in a series are deemed associated trade marks (16(3), 16(4)).
- Section 15 is not amended by the 2021 or 2023 Acts consulted for this series.
Read next
- Section 14: names of living or recently dead persons
- Section 16: associated trade marks
- Section 17: effect of registration of parts of a mark
- Logo trademark vs word mark: which to register first
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.