Section 16 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 16 is about a single owner holding several marks that are identical or near-identical. It lets the Registrar require those marks to be entered on the register as associated trade marks, says when marks are deemed associated, and allows the owner to ask for the association to be dissolved. If you are planning a family of marks, a trademark registration strategy should account for these rules from the start.
Where marks of the same proprietor are identical, or so nearly resemble each other as to be likely to deceive or cause confusion if used by a person other than the proprietor, for the same goods or services (or descriptions), the Registrar may, at any time, require them to be entered as associated trade marks (16(1)). The rule extends to goods and services that are associated with each other (16(2)). A mark and its separately registered part (16(3)) and marks in a series (16(4)) are deemed associated. The owner can apply to dissolve the association if no deception or confusion would result (16(5)).
Section 16(1): the Registrar's power to require association
The sub-section applies where a trade mark which is registered, or is the subject of an application, in respect of any goods or services is:
- identical with another mark registered or applied for in the name of the same proprietor for the same goods or description of goods or same services or description of services; or
- so nearly resembles it as to be likely to deceive or cause confusion if used by a person other than the proprietor.
The Registrar may, at any time, require that the trade marks be entered on the register as associated trade marks.
| Element | Text |
|---|---|
| Whose marks | The same proprietor |
| Status | Registered or the subject of an application |
| Closeness | Identical, or nearly resembling so as to be likely to deceive or cause confusion if used by another person |
| Goods or services | Same, or description of the same |
| Power | The Registrar may require, at any time |
The words "if used by a person other than the proprietor" show why the rule exists: where one owner holds near-identical marks, those marks should not be separated and held by different people, since a stranger's use of either would deceive or confuse. Association ties them together. The definition in 2(1)(c) says "associated trade marks" means trade marks deemed to be, or required to be, registered as associated trade marks under the Act. See section 2, part 1.
Section 16(2): goods and services
Where there is an identity or near resemblance of marks registered or applied for in the name of the same proprietor in respect of goods and in respect of services which are associated with those goods (or goods of that description) and those services (or services of that description), sub-section (1) applies as it applies to the same goods or services.
"Associated" goods and services have their own meaning in 2(3): they are associated with each other if it is likely that those goods might be sold or otherwise traded in, and those services might be provided, by the same business. So a mark for a restaurant (service) and for packaged sauces (goods) from the same proprietor can fall under 16(2) if the goods and services are associated in that sense.
Section 16(3): a mark and its part
Where a trade mark and any part of it are, under section 15(1), registered as separate trade marks in the name of the same proprietor, they are deemed to be, and shall be registered as, associated trade marks. See section 15.
Section 16(4): marks in a series
All trade marks registered under section 15(3) as a series in one registration are deemed to be, and shall be registered as, associated trade marks.
| Situation | Result |
|---|---|
| Identical or confusingly close marks, same proprietor | Registrar may require association (16(1)) |
| Same, for associated goods and services | 16(1) applies (16(2)) |
| Mark and its separately registered part | Deemed associated (16(3)) |
| Series under 15(3) | Deemed associated (16(4)) |
Section 16(5): dissolving the association
"On application made in the prescribed manner by the registered proprietor of two or more trade marks registered as associated trade marks, the Registrar may dissolve the association as respects any of them if he is satisfied that there would be no likelihood of deception or confusion being caused if that trade mark were used by any other person in relation to any of the goods or services or both in respect of which it is registered, and may amend the register accordingly."
- Who applies: the registered proprietor.
- How: in the prescribed manner, that is, as the Rules provide.
- Test: the Registrar must be satisfied that use of that mark by any other person would not be likely to deceive or confuse.
- Effect: the Registrar may dissolve the association as respects any of the marks and amend the register.
- Discretion: "may", not "shall".
Example. A snack company holds "Crispo Bite" and "Crispo Bite Plus", entered as associated. It later wants to sell off "Crispo Bite Plus" with a different business. It can apply under 16(5). The Registrar will consider whether use of that mark by someone else could deceive or confuse in relation to the goods or services it covers; only if satisfied may he dissolve the association. The consequences for assignment, including how association restricts splitting marks between owners, are covered in the later articles on sections 40 and 44.
Why association matters
The Act does not stop at entering the marks. Association has effects elsewhere, such as in the assignment provisions covered later in this series. Our guide to assignment with and without goodwill is a useful companion. For now, note that marks entered as associated are tied together, and dissolution under 16(5) is the formal route to separate them.
Practical points
- Expect association where you file close variants of your own mark.
- Plan for sale or licensing. If you may want to deal with one mark separately, think about 16(5) early.
- Show absence of confusion with reasons if you ask for dissolution.
- Use the right route for variants: series (15(3)) or separate marks (15(1)), both of which lead to association.
- Check fees in the Trade Marks Rules, 2017; this article states none.
Need help with a family of marks?
If you run several versions of a brand or plan to sell one of them, association can matter. Our trademark registration team can structure your filings and, where needed, prepare an application to dissolve an association.
Key takeaways
- The Registrar may, at any time, require identical or confusingly close marks of the same proprietor to be entered as associated (16(1)).
- The rule extends to associated goods and services (16(2)).
- A mark and its separately registered part, and marks in a series, are deemed associated (16(3), 16(4)).
- The proprietor can apply to dissolve the association; the Registrar may do so if no deception or confusion would follow (16(5)).
- Association links marks for later dealings; see the assignment articles.
- Section 16 is not amended by the 2021 or 2023 Acts consulted for this series.
Read next
- Section 15: registration of parts of marks and series marks
- Section 17: effect of registration of parts of a mark
- Section 18: application for registration
- Assignment of trademark: with and without goodwill
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.