Sections 23 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 23 tells you when and how an accepted trade mark is actually registered, what date the registration carries, and what happens if the applicant stalls. Section 24 deals with a different question: whether two or more persons can be registered as joint proprietors of one mark. If you are at the stage of filing, a trademark registration service can take the application through to the certificate.
Once an application is accepted and either unopposed after the opposition time or opposed and decided in the applicant's favour, the Registrar shall register the mark within eighteen months of the filing of the application, unless the Central Government otherwise directs. The registration is as of the date of the application. Joint proprietors are allowed only where neither can use the mark except on behalf of both, or in relation to an article or service with which both are connected in the course of trade.
Section 23(1): when the Registrar shall register
"Subject to the provisions of Section 19, when an application for registration of a trade mark has been accepted and either—(a) the application has not been opposed and the time for notice of opposition has expired; or (b) the application has been opposed and the opposition has been decided in favour of the applicant, the Registrar shall, unless the Central Government otherwise directs, register the said trade mark within eighteen months of the filing of the application and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of Section 154, be deemed to be the date of registration."
| Element | Text |
|---|---|
| Starting point | Application accepted |
| Route (a) | Not opposed, and the time for notice of opposition has expired (see section 21) |
| Route (b) | Opposed, and the opposition decided in favour of the applicant |
| Subject to | Section 19: the Registrar may still withdraw acceptance before registration |
| Duty | "shall" register, unless the Central Government otherwise directs |
| Time | "within eighteen months of the filing of the application" |
| Date of registration | The date of making of the application, subject to section 154 (convention applications) |
The words "within eighteen months of the filing of the application" were inserted by Act 40 of 2010, with effect from 8 July 2013, as the footnote states. The text does not say what follows if the Registrar does not register within eighteen months, so do not assume any automatic result. If your application is running past that period, take advice on what the Act and Rules provide.
What the date means. The mark is registered as of the date of the application, not the later day the certificate is issued. The date of making of the application is the date that counts, and section 154 can modify it for convention applications. For how long a registration lasts, see section 25.
Section 23(2): the certificate
"On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry." The form is prescribed in the Trade Marks Rules, 2017.
Section 23(3): abandonment for applicant default
"Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice."
Note the conditions: the delay must be caused by the applicant's default, the Registrar must give notice in the prescribed manner, and the applicant has the time specified in the notice to complete. The section sets no time of its own for the notice period. If you receive such a notice, treat the date in it as the operative date.
Section 23(4): clerical errors
"The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake." The power is limited to clerical errors and obvious mistakes. For wider changes to the register, see the later provisions on correction and rectification of the register.
Section 24: jointly owned trade marks
Sub-section (1) says: "Save as provided in sub-section (2), nothing in this Act shall authorise the registration of two or more persons who use a trade mark independently, or propose so to use it, as joint proprietors thereof."
The rule is that persons who use a mark independently (or propose to) cannot be joint proprietors.
Sub-section (2) provides the exception. "Where the relations between two or more persons interested in a trade mark are such that no one of them is entitled as between himself and the other or others of them to use it except—(a) on behalf of both or all of them; or (b) in relation to an article or service with which both or all of them are connected in the course of trade, those persons may be registered as joint proprietors of the trade mark, and this Act shall have effect in relation to any rights to the use of the trade mark vested in those persons as if those rights had been vested in a single person."
| Test under 24(2) | Meaning |
|---|---|
| No one is entitled, as between themselves, to use the mark except | The relationship restricts each person's use |
| (a) on behalf of both or all | Use is for the joint account |
| (b) in relation to an article or service with which both or all are connected in the course of trade | Use is tied to a common product or service |
| Consequence | Joint registration is possible; the Act treats their rights as if vested in a single person |
Example 1. Two brothers run "Sharma Brothers Sweets" as one business, and neither may use the name except for the shared business. Under 24(2)(a) they can be registered as joint proprietors.
Example 2. Two unrelated shops independently use "Sunrise Mart" for their own stores. Under 24(1), the Act does not authorise registering them as joint proprietors.
For businesses that want to share a mark but not be bound as above, other structures such as licensing or a registered user arrangement are dealt with elsewhere in the Act; see trademark licensing and registered user agreements.
Practical points
- Treat acceptance as a stage, not the end. Section 23(1) is subject to section 19.
- Check your certificate. If you spot a clerical error or an obvious mistake, section 23(4) is the route.
- Respond to default notices at once. Section 23(3) can lead to abandonment.
- Decide co-ownership before filing. If two persons want to be joint proprietors, make sure their relationship fits section 24(2).
- Document the relationship. A written agreement showing that use is on behalf of both, or tied to a common article or service, supports the application.
Need help with getting your mark registered?
If your application has been accepted and you want it taken through to the certificate, or you need advice on whether two persons can be named as joint proprietors, our trademark registration team can help with the application, follow-up and any notices from the Registry.
Key takeaways
- Registration follows acceptance, after the opposition period passes unopposed or an opposition is decided in the applicant's favour.
- The Registrar "shall" register within eighteen months of filing, unless the Central Government otherwise directs; section 19 still applies.
- Registration is as of the date of the application, subject to section 154.
- The certificate is in the prescribed form, sealed with the Registry's seal.
- If applicant default holds up registration for twelve months, the Registrar may after notice treat the application as abandoned.
- The Registrar may correct clerical errors or obvious mistakes in the register or certificate.
- Joint proprietors are permitted only under the conditions in section 24(2).
Read next
- Section 21: opposition to registration
- Section 25: duration, renewal, removal and restoration
- Section 22: correction and amendment of application
- Trademark registration certificate: rights and duration
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.