Section 154 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 154 is the priority provision. The Central Government may notify a country, or a group or union of countries or an inter-governmental organisation, as a convention country if it gives Indian citizens similar privileges. A person who applied for a mark in such a country and applies in India within six months gets the earlier date as the date of registration. The section also says no damages can be recovered for infringement before the date of application in India. If you file abroad first, our trademark registration service can plan the Indian filing within the window.
The Central Government may notify a convention country (or group, union or inter-governmental organisation) that gives Indian citizens similar privileges. If the applicant, or his legal representative or assignee, applies in India within six months of the convention-country application, the mark, if registered, is registered as of the date of the convention application, and that date is deemed the date of registration. With several foreign applications, the six months run from the earliest. No damages can be recovered for infringement before the date of application in India.
Sub-section (1): notifying a convention country
"With a view to the fulfilment of a treaty, convention or arrangement with any country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation outside India which affords to citizens of India similar privileges as granted to its own citizens, the Central Government may, by notification in the Official Gazette, declare such country or group of countries or union of countries or Inter-Governmental Organisation to be a convention country or group of countries or union of countries or Inter-Governmental Organisations, as the case may be, for the purposes of this Act."
Key points:
- It is a power, exercised by notification in the Official Gazette.
- The test is similar privileges for Indian citizens, as granted to the country's own citizens.
- The Act itself lists no country. Which countries and organisations are notified is a matter of the notifications, which you must check separately.
Sub-section (2): the six-month rule
Where a person has made an application for registration of a trade mark in a convention country (or a country that is a member of a notified group or union or inter-governmental organisation), and that person, or his legal representative or assignee, makes an application for the registration of the trade mark in India within six months after the date on which the foreign application was made, then:
- the trade mark shall, if registered under this Act, be registered as of the date on which the application was made in the convention country; and
- that date is deemed, for the purposes of this Act, to be the date of registration.
| Element | What the text says |
|---|---|
| Who can claim | The first applicant, or his legal representative or assignee |
| Time limit | Within six months after the date of the convention application |
| Effect | Registered as of the date of the convention application; that date is deemed the date of registration |
| Condition | Only "if registered under this Act" |
The effect of the date is by deeming. The text does not describe forms or documents for claiming priority, or any fee; those are matters for the Trade Marks Rules, 2017. For the practical claim, see trademark priority claim: convention and claiming priority.
Example. Ocean Pearl Foods files for "OCEANIC" in a notified convention country on 3 March. It files in India on 20 August of the same year, which is within six months. If the Indian registration is granted, it is registered as of 3 March, and 3 March is deemed the date of registration. Had it filed in India on 5 September, the six-month window would have closed and the sub-section would not apply.
Sub-section (3): several foreign applications
"Where applications have been made for the registration of a trade mark in two or more convention countries or country which are members of group of countries or union of countries or Inter-Governmental Organisation, the period of six months referred to in the last preceding sub-section shall be reckoned from the date on which the earlier or earliest of those applications was made."
| Foreign applications | Six months counted from |
|---|---|
| One | The date of that application |
| Two or more | The earlier or earliest of them |
So filing in a second foreign country does not give you a fresh six months.
Sub-section (4): no damages before the Indian application
"Nothing in this Act shall entitle the proprietor of a trade mark to recover damages for infringement which took place prior to the date of application for registration under this Act."
This is a limit on remedy. Even where a convention date carries the registration back, the text speaks of the date of application for registration under this Act, not the convention date, for the purpose of damages. Compare section 135 on relief. The section does not say whether an injunction is affected; it speaks only of damages.
Practical points
- Diarise the first foreign filing date and file in India before six months from the earliest filing end.
- Check that the country is a notified convention country; the Act itself names none.
- An assignee or legal representative can make the Indian application, so keep chain-of-title papers ready.
- Remember that damages for infringement run only from the date of application in India.
- For Madrid-route filings, which this section does not discuss, see Madrid Protocol: designating India.
Need help claiming priority in India?
The text fixes the window at six months and gives no power to extend it. Our trademark registration team can prepare the Indian application and the priority particulars while your foreign filing is still within time.
Key takeaways
- The Central Government notifies convention countries; they must give Indian citizens similar privileges.
- An Indian application within six months of the convention application is registered as of the earlier date.
- That date is deemed the date of registration for the purposes of the Act.
- With several foreign applications, six months run from the earliest.
- No damages are recoverable for infringement before the date of application in India.
Read next
- Sections 155–156: reciprocity and removal of difficulties
- Section 157: power to make rules
- Trademark priority claim: convention and claiming priority
- International trademark protection beyond India
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.