Section 2 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.
This second article on section 2(1) covers the definitions about the subject matter of trade (goods and services), the register and who is on it, how marks are used by others, how rights move, and the "description" definitions used in the offence provisions. The mark-related definitions are in part 1.
"Goods" means anything which is the subject of trade or manufacture (2(1)(j)); "service" is any service made available to potential users, with an illustrative list (2(1)(z)). The "registered proprietor" is the person for the time being entered in the register as proprietor (2(1)(v)). "Permitted use" covers use by a registered user and use by another person with the proprietor's written consent (2(1)(r)). "Assignment" is a transfer by act of the parties; "transmission" is every other transfer, such as by operation of law or on death.
The clauses covered here
The clause letters in the table follow section 2(1) of the Act. Clause (b) sits between (a) "Appellate Board" and (c) "associated trade marks"; clause (i) follows (h) "deceptively similar" and comes just before (j) "goods".
| Clause | Term |
|---|---|
| (b) | assignment |
| (i) | false trade description |
| (j) | goods |
| (l) | limitations |
| (p) | notify |
| (r) | permitted use |
| (t) | register |
| (u) | registered |
| (v) | registered proprietor |
| (w) | registered trade mark |
| (x) | registered user |
| (y) | Registrar |
| (z) | service |
| (za) | trade description |
| (zc) | transmission |
Goods and service - clauses (j) and (z)
Goods means anything which is the subject of trade or manufacture. That short definition is deliberately open.
Service means service of any description which is made available to potential users. It includes the provision of services in connection with business of any industrial or commercial matters such as banking, communication, education, financing, insurance, chit funds, real estate, transport, storage, material treatment, processing, supply of electrical or other energy, boarding, lodging, entertainment, amusement, construction, repair, conveying of news or information and advertising. The word "includes" means the list illustrates and does not close the definition.
These two terms decide which class your application falls in. See sections 7 and 8 for classification.
The register and the people on it - clauses (t) to (y)
| Term | Meaning in the text |
|---|---|
| Register (t) | The Register of Trade Marks referred to in section 6(1) |
| Registered (u) | Registered under this Act |
| Registered proprietor (v) | In relation to a trade mark, the person for the time being entered in the register as proprietor |
| Registered trade mark (w) | A trade mark which is actually on the register and remaining in force |
| Registered user (x) | A person who is for the time being registered as such under section 49 |
| Registrar (y) | The Registrar of Trade Marks referred to in section 3 |
"For the time being" in clauses (v) and (x) matters. Whoever is on the register today is the registered proprietor today; a mark whose registration has lapsed is no longer a "registered trade mark" under clause (w). The register itself is covered in section 6, and the Registrar in sections 3 to 5. To get a mark on to the register in your name, see trademark registration.
Permitted use - clause (r)
"Permitted use", in relation to a registered trade mark, means use of the mark in one of two ways.
| Route | Conditions in the text |
|---|---|
| (i) By a registered user | in relation to goods or services (a) with which he is connected in the course of trade; (b) in respect of which the mark remains registered for the time being; (c) for which he is registered as registered user; and (d) which complies with any conditions or limitations of his registration as registered user |
| (ii) By a person other than the registered proprietor and registered user | in relation to goods or services (a) with which he is connected in the course of trade; (b) in respect of which the mark remains registered for the time being; (c) by consent of the registered proprietor in a written agreement; and (d) which complies with any conditions or limitations to which that user is subject and to which the registration of the mark is subject |
Route (ii) covers use by a person who is not registered as a user, provided there is a written agreement and the use stays within conditions. See trademark licensing and registered user agreements.
Limitations - clause (l)
"Limitations" (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by registration of a person as proprietor, including limitations as to mode or area of use within India or outside India. A registration can therefore carry limits, and several sections refer to "conditions and limitations".
Notify - clause (p)
"Notify" means to notify in the Trade Mark Journal published by the Registrar. When a section says the Registrar shall notify something, publication in the Journal is the way.
Assignment and transmission - clauses (b) and (zc)
- Assignment means an assignment by act of the parties concerned.
- Transmission means transmission by operation of law, devolution on the personal representative of a deceased person and any other mode of transfer, not being assignment.
Between them, the two words cover every way ownership of a mark can change. For the working rules, see transmission of a trademark on death or succession.
Trade description and false trade description - clauses (za) and (i)
These two are used in the offence provisions. A "trade description" is any description, statement or other indication, direct or indirect, as to:
- number, quantity, measure, gauge or weight of goods;
- the standard of quality of goods or services according to a classification commonly used or recognised in the trade;
- fitness for purpose, strength, performance or behaviour of a "drug" under the Drugs and Cosmetics Act, 1940 or "food" under the Prevention of Food Adulteration Act, 1954 (the Act names these two statutes in this way; the Prevention of Food Adulteration Act, 1954 has since been replaced by the Food Safety and Standards Act, 2006, but clause (za) has not been amended to say so);
- the place or country, or the time, at which goods or services were made or provided;
- the name, address or identity of the manufacturer or provider, or of the person for whom goods or services are made;
- the mode of manufacture or production;
- the material of which goods are composed;
- goods being the subject of an existing patent, privilege or copyright;
and it includes a description of the use of a mark that trade custom takes as indicating any of those matters, a description of imported goods in a bill of entry or shipping bill, and any description likely to be mistaken for them.
A "false trade description" means: (I) a trade description untrue or misleading in a material respect; (II) an alteration of a trade description, by addition, effacement or otherwise, that makes it untrue or misleading in a material respect; (III) a description implying more yards or metres than standard yards or metres; (IV) marks or arrangements applied so as to lead persons to believe the goods or services come from someone other than the true source; or (V) a false name or initials applied as if they were a trade description, in the circumstances the clause lists (for example, the name of a fictitious person). A trade description that is also a trade mark can still be a false trade description.
Need help with registering or licensing a brand?
Knowing whether your goods or services fit the definitions, and who should appear on the register, saves trouble later. Our trademark registration team can advise on the class, the applicant's name and the filing.
Key takeaways
- Goods = anything the subject of trade or manufacture (2(1)(j)); service has an illustrative list (2(1)(z)).
- The registered proprietor is whoever is entered in the register for the time being (2(1)(v)).
- Permitted use: by a registered user, or by another person under a written agreement (2(1)(r)).
- Assignment is by act of the parties; transmission is any other transfer.
Read next
- Section 2: mark, trade mark and well-known trade mark
- Section 2: deceptively similar, interpretation rules and omitted clauses
- Section 6: Register of Trade Marks
- Trademark licensing: registered user and agreement
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.