Section 18 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 18 is the gateway. It says who may apply for registration of a trade mark, how an application is made, whether one application can cover several classes, in which Registry office it is filed, and what the Registrar can do with it. Everything in the chapters on procedure follows from this section.
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him who wants to register it shall apply in writing to the Registrar in the prescribed manner (18(1)). One application can cover different classes, with the fee payable for each class (18(2)). It is filed in the Registry office for the principal place of business in India of the applicant (18(3)). The Registrar may refuse, or accept absolutely or subject to amendments, modifications, conditions or limitations, and must record the grounds and materials in writing if he refuses or accepts conditionally (18(4), (5)).
Section 18(1): who may apply and how
"Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark."
| Element | Text |
|---|---|
| Who | Any person claiming to be the proprietor |
| Mark | A trade mark used or proposed to be used by him |
| Intent | Desirous of registering it |
| How | In writing to the Registrar, in the prescribed manner |
Three points follow. First, the applicant need only be a person claiming to be the proprietor; the sub-section does not ask for proof of ownership at the filing stage. Second, the mark may be proposed to be used, so a brand that has not launched can be applied for. This ties in with the definition of "trade mark" in 2(1)(zb); see section 2, part 1. Third, "in the prescribed manner" sends you to the Trade Marks Rules, 2017 for the form, documents and fee; this article states no fee. Our step-by-step guide to the trademark application process covers the practical side, and a trademark registration team can file for you.
Section 2 does not define "person", so the section does not list which kinds of applicant (individual, company, firm, trust or other body) may apply; the Rules and the General Clauses Act, 1897 fill that gap. Joint applicants are contemplated in 18(3).
Section 18(2): one application, several classes
"A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefor shall be in respect of each such class of goods or services."
- One filing can cover goods and services in different classes.
- The fee is payable class by class.
- Classification is for the Registrar under sections 7 and 8.
Example. Tanya runs a stitching unit (goods) and a tailoring-school (services) under "Silai Sutra". She files one application naming both; the fee is calculated for each class she covers.
Section 18(3): where to file
Every application shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant is situate. For joint applicants, it is the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India.
Proviso. Where the applicant, or any of the joint applicants, does not carry on business in India, the application is filed in the office within whose territorial limits the place mentioned in the address for service in India, as disclosed in the application, is situate.
| Applicant | Office |
|---|---|
| Single applicant with business in India | Office for the principal place of business in India |
| Joint applicants | Office for the principal place of business of the first-named applicant who has a place of business in India |
| Applicant not carrying on business in India | Office for the address for service in India given in the application |
The territorial limits are set by the Central Government under section 5(3). The text of 18(3) does not name any city.
Section 18(4): the Registrar's decision
"Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit."
The Registrar has three options:
- Refuse the application;
- Accept it absolutely; or
- Accept it subject to amendments, modifications, conditions or limitations he thinks fit.
"Subject to the provisions of this Act" means he applies the grounds of refusal in section 9, section 11 and the other sections. Acceptance is not the end: after acceptance the Registrar can still withdraw it before registration under section 19, covered in the next batch of this series.
Section 18(5): reasons must be recorded
"In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision."
This gives you something to answer. If the Registrar refuses or accepts conditionally, he must write down the grounds and the materials he used. A reply to an objection, and any hearing, can then address those specific grounds. See how to respond to a trademark office action.
Practical checklist
- Name the right proprietor as applicant.
- Describe the mark and goods or services clearly, in the classes you need.
- Choose the office correctly; give an address for service in India if you do not carry on business there.
- Prepare for objections under sections 9 and 11.
- Keep records of use; see documents required for trademark registration.
Need help with filing an application?
Getting the applicant, the classes and the office right at the start avoids delays later. Our trademark registration team can prepare and file your application and follow it through examination.
Key takeaways
- Any person claiming to be the proprietor of a mark used or proposed to be used may apply in writing in the prescribed manner (18(1)).
- One application can cover several classes; the fee is per class (18(2)).
- File at the office for the applicant's principal place of business in India, or the address for service in India if the applicant does not carry on business there (18(3)).
- The Registrar may refuse, accept absolutely, or accept subject to amendments, modifications, conditions or limitations (18(4)).
- Grounds and materials must be recorded in writing for a refusal or conditional acceptance (18(5)).
- Section 18 is not amended by the 2021 or 2023 Acts consulted for this series.
Read next
- Section 19: withdrawal of acceptance
- Section 20: advertisement of application
- Section 9: absolute grounds for refusal of registration
- Trademark application process: filing to registration
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.