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.
Section 2(1) is the dictionary of the Act. This article takes the definitions that tell you what can be a trade mark in the first place: "mark", "trade mark", "certification trade mark", "collective mark", "well-known trade mark", and the helper terms "name", "package" and "associated trade marks". Two companion articles take the other definitions, and the Act's own wording governs every one of them "unless the context otherwise requires".
A "mark" is wide: it includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours (2(1)(m)). A "trade mark" is a mark that can be represented graphically and can distinguish the goods or services of one person from those of others (2(1)(zb)). A "well-known trade mark" is one so known to a substantial segment of the public that use on other goods or services would suggest a connection (2(1)(zg)). Certification and collective marks are covered by separate definitions.
Where these clauses sit
Section 2(1) lists its definitions alphabetically, with letters (a) to (z) and then (za) to (zg). The letters below follow the Act: (c) associated trade marks, (e) certification trade mark, (g) collective mark, (m) mark, (o) name, (q) package, (zb) trade mark and (zg) well-known trade mark. Sister articles: goods, services, register and proprietor and deceptively similar, interpretation rules and omitted clauses.
| Clause | Term |
|---|---|
| (c) | associated trade marks |
| (e) | certification trade mark |
| (g) | collective mark |
| (m) | mark |
| (o) | name |
| (q) | package |
| (zb) | trade mark |
| (zg) | well-known trade mark |
"Mark" - clause (m)
"Mark" includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. The word "includes" means the list is not closed in the way "means" would close it. Shape of goods, packaging and combination of colours are the items that widen the older idea of a mark, and they sit alongside the familiar word and logo.
"Trade mark" - clause (zb)
The first limb says a trade mark is a mark capable of being represented graphically and capable of distinguishing the goods or services of one person from those of others, and may include shape of goods, their packaging and combination of colours. Two tests therefore apply: it can be shown on paper or screen, and it can tell one trader's goods or services apart from another's. If you are checking a mark against the second test, section 9 is the working rule; read section 9 next.
The clause then adds two sub-parts, for different parts of the Act:
| Sub-clause | Applies to | Meaning |
|---|---|---|
| (i) | Chapter XII (other than section 107) | A registered trade mark, or a mark used in relation to goods or services to indicate a connection in the course of trade with a person having the right as proprietor to use it |
| (ii) | Other provisions of the Act | A mark used or proposed to be used in relation to goods or services to indicate a connection in the course of trade with a person having the right, as proprietor or by way of permitted user, to use it, with or without indication of that person's identity; it includes a certification trade mark or collective mark |
So the penal chapter (Chapter XII) is tied to registered marks and to marks actually used to show a trade connection, while the rest of the Act also covers marks merely proposed to be used. That is why a person can apply under section 18 before launch.
To start an application for a word, logo or pack, see trademark registration.
"Certification trade mark" - clause (e)
A certification trade mark is a mark capable of distinguishing goods or services which are certified by the proprietor in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics, from goods or services not so certified. It must be registrable as such under Chapter IX, in the name of that person as proprietor of the certification trade mark. The proprietor is certifying other people's goods or services, not selling its own under the mark. A full explainer is at certification trade marks.
"Collective mark" - clause (g)
A collective mark is a trade mark distinguishing the goods or services of members of an association of persons (not being a partnership within the meaning of the Indian Partnership Act, 1932) which is the proprietor of the mark, from those of others. The members use the association's mark; the association owns it. See collective marks.
"Well-known trade mark" - clause (zg)
In relation to any goods or services, a well-known trade mark is a mark which has become so well known to the substantial segment of the public which uses such goods or receives such services that use of the mark on other goods or services would be likely to be taken as indicating a connection in the course of trade or rendering of services between those goods or services and a person using the mark on the first-mentioned goods or services.
Two points follow. The test looks at the relevant segment of the public, not everyone. And the key effect is on use on other goods or services: the mark's reach extends beyond its own field. How the Registrar decides that is in section 11(6) to (10); see the guide on well-known trademarks under section 11.
"Name", "package" and "associated trade marks"
- "Name" (clause (o)) includes any abbreviation of a name. This matters in the false trade description limbs and in sections dealing with names.
- "Package" (clause (q)) includes any case, box, container, covering, folder, receptacle, vessel, casket, bottle, wrapper, label, band, ticket, reel, frame, capsule, cap, lid, stopper and cork. Read with "mark", it shows how packaging can carry or be part of a mark.
- "Associated trade marks" (clause (c)) means trade marks deemed to be, or required to be, registered as associated trade marks under the Act. The working rules are in section 16.
Example. Kavya sells herbal tea as "Chaiwala Gold" with a copper-coloured tin of a particular shape. Under clause (m), the words, the device on the label, the colour combination and the shape of the tin can each be a "mark". Under clause (zb), each qualifies as a trade mark only if it can be represented graphically and can distinguish her goods from those of others.
Need help with protecting your mark?
Whether your brand is a name, a logo or a distinctive pack, the first step is to see whether it meets the definition and what could stand in its way. Our trademark registration team can assess the mark, search the register and file the application.
Key takeaways
- "Mark" (2(1)(m)) includes device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, combination of colours, or any combination.
- "Trade mark" (2(1)(zb)) needs graphic representation and capacity to distinguish goods or services.
- Marks proposed to be used also count as trade marks for most of the Act.
- Certification marks are registered under Chapter IX; collective marks belong to an association that is not a partnership.
- A well-known trade mark is judged by the substantial segment of the public that uses the goods or services.
- Clause letters: (c) associated trade marks, (e) certification trade mark, (g) collective mark, (m) mark, (zb) trade mark, (zg) well-known trade mark.
Read next
- Section 2: goods, services, register and proprietor
- Section 2: deceptively similar, interpretation rules and omitted clauses
- Key definitions under the Trade Marks Act: mark, deceptively similar, trade mark
- What can be registered as a trademark in 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.