Sections 155 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 155 is the reciprocity provision. If a country is specified by the Central Government by notification because it does not give Indian citizens the same rights in trade mark registration and protection that it gives its own nationals, its nationals cannot apply for registration, be registered as proprietor, be registered as assignee or become registered users in India. Section 156 lets the Central Government remove difficulties in giving effect to the Act by order, but only for five years from commencement. For foreign applicants, see our legal consultation service for a first assessment.
Section 155 bars nationals of a country specified by notification (one that does not accord Indian citizens the same rights in trade mark registration and protection as its own nationals) from applying for or being registered as proprietor, assignee or registered user, alone or jointly. Section 156 lets the Central Government, by order published in the Official Gazette, make provisions not inconsistent with the Act to remove difficulties; no order after five years from commencement, and every order is laid before each House of Parliament.
Section 155: provision as to reciprocity
The condition
The section applies "where any country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the registration and protection of trade marks as it accords to its own nationals".
Two points follow from the words:
- The bar works only after a notification that specifies the country, group, union or organisation. No country is named in the Act.
- The test is the same rights as the country accords to its own nationals. Compare the "similar privileges" test used for convention countries in section 154.
The consequence
"No national of such country or country which is a member of a group of countries or union of countries or Inter-Governmental Organisation, as the case may be, shall be entitled, either solely or jointly with any other person":
| Clause | What is barred |
|---|---|
| (a) | To apply for the registration of, or be registered as the proprietor of, a trade mark |
| (b) | To be registered as the assignee of the proprietor of a registered trade mark |
| (c) | To apply for registration or be registered as a registered user of a trade mark under section 49 |
"Either solely or jointly with any other person" means that a national of such a country cannot get round the bar by joining a co-applicant.
Example. If a notification specified Country X as one that does not give Indian citizens the same trade mark rights as its nationals, a national of Country X could not apply for registration of a mark in India, whether alone or with an Indian partner. The same national could not take an assignment of a registered mark or be registered as a registered user. The notification is the key: the section is silent until one is issued. Whether any such notification is in force must be checked separately in the Official Gazette; this article does not state one.
What the section does not say
- It does not say what happens to a registration already granted to a national of a country that is later specified.
- It does not list the countries.
- It does not prescribe a form or fee.
Section 156: power to remove difficulties
Sub-section (1)
"If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty."
The proviso: five years
"Provided that no order shall be made under this section after the expiry of five years from the commencement of this Act."
The proviso cuts off the power. The commencement date is not printed in the section, so the exact last date of the power is not stated here; it depends on the commencement notification (see section 1). The Trade Marks (Amendment) Act, 2010 (section 10) has its own removal-of-difficulties clause with the same five-year limit, counted from the commencement of that Act and relating to the 2010 amendments.
Sub-section (2): laying before Parliament
"Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament."
| Feature | Section 156 |
|---|---|
| Who may act | The Central Government |
| Form | Order published in the Official Gazette |
| Limit on content | Not inconsistent with the Act; necessary for removing the difficulty |
| Time limit | No order after five years from commencement |
| Parliamentary oversight | Laid before each House as soon as may be after it is made |
Removal-of-difficulty clauses are a common drafting device for a new Act. They are not a general power to amend the Act; the words "not inconsistent with the provisions of this Act" mark that limit.
How the two sections differ
Section 155 is about who may hold or apply for marks from abroad. Section 156 is about how the Act is brought into working order. They sit together only because both are closing provisions. The next section, section 157, deals with rule-making.
Practical points
- Before taking an assignment from or entering a joint application with a foreign party, check whether its country is specified under section 155.
- Do not assume a bar exists; it arises only from a notification.
- For old difficulties of implementation, the five-year window under section 156 has a fixed outer limit counted from commencement.
Need help with a foreign applicant or assignee?
If a foreign party is involved in an application, assignment or licence, a quick check of reciprocity can prevent a later problem. Our legal consultation service can help you review the structure before you file.
Key takeaways
- Section 155 works only through a notification specifying the country, group, union or organisation.
- Nationals of a specified country cannot apply, be registered as proprietor, assignee or registered user, alone or jointly.
- Section 156 allows the Central Government to remove difficulties by Gazette order, with provisions not inconsistent with the Act.
- No order can be made after five years from commencement; each order is laid before Parliament.
Read next
- Section 154: convention applications and priority
- Section 157: power to make rules
- Madrid Protocol: designating India in an international registration
- 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.