Sections 3 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.
Sections 3 to 5 set up the machinery of the Act. Section 3 appoints the Registrar and lets other officers act for the Registrar, section 4 lets the Registrar pull back or move a case, and section 5 establishes the Trade Marks Registry, its offices and its seal. These sections explain why your application is dealt with by an examiner or hearing officer rather than the Registrar personally.
The Controller-General of Patents, Designs and Trade Marks is the Registrar of Trade Marks (3(1)). Other officers can discharge the Registrar's functions only to the extent the Registrar authorises, under his superintendence and direction (3(2)). The Registrar can withdraw or transfer a matter by a written order with reasons (s.4). There is one Trade Marks Registry with a head office and branch offices, each with territorial limits set by notification, and a seal (s.5).
Section 3: appointment of the Registrar and other officers
3(1): the Registrar
The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Controller-General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of the Act. The definition of "Registrar" in section 2 points back to this section. Every trademark registration application is, in the end, an application to this Registrar.
3(2): other officers
The Central Government may appoint other officers with such designations as it thinks fit, to discharge, under the superintendence and direction of the Registrar, such functions of the Registrar as the Registrar may from time to time authorise them to discharge. Two limits are built in:
- The officers act under the Registrar's superintendence and direction.
- They discharge only the functions the Registrar authorises, and the authorisation can change from time to time.
Section 2(2)(d) adds that a reference in the Act to the Registrar includes any officer discharging the Registrar's functions under section 3(2). That is why examination reports and hearing notices in practice come from officers designated for the purpose, and why the Act can speak of "the Registrar" throughout.
Section 4: power to withdraw or transfer cases
Section 4 begins "Without prejudice to the generality of the provisions of sub-section (2) of Section 3". It gives the Registrar two powers over a matter pending before an officer appointed under section 3(2), exercised by order in writing and for reasons to be recorded in the order:
| Power | What the text says |
|---|---|
| Withdraw | Take the matter away from the officer and deal with it himself, either de novo or from the stage it was withdrawn |
| Transfer | Move it to another officer so appointed, who may, subject to special directions in the order of transfer, proceed de novo or from the stage it was transferred |
"De novo" means afresh, from the beginning. The Registrar decides whether the new officer starts again or carries on from where the matter stood, and may say so in the order of transfer.
Example. An opposition is pending before one officer who is later posted elsewhere. The Registrar may by a reasoned written order transfer the matter to another officer, directing that the hearing continue from the stage reached. An applicant who wants the matter reheard from the start has no such right under the text of section 4; the order governs.
Section 5: the Trade Marks Registry and its offices
5(1): the Registry
There shall be a Trade Marks Registry for the purposes of the Act. The Trade Marks Registry established under the Trade and Merchandise Marks Act, 1958 shall be the Trade Marks Registry under this Act. The Registry therefore continues; it was not newly created.
5(2): head office and branch offices
The head office shall be at such place as the Central Government may specify. To facilitate registration, the Central Government may establish branch offices at such places as it thinks fit. The Act itself names no city.
5(3): territorial limits
The Central Government may, by notification in the Official Gazette, define the territorial limits within which an office of the Registry may exercise its functions. This ties in with section 18(3), which decides in which office an application is to be filed, by reference to the applicant's principal place of business in India.
5(4): seal
There shall be a seal of the Trade Marks Registry.
| Section | Subject | Key rule |
|---|---|---|
| 3(1) | Registrar | Controller-General of Patents, Designs and Trade Marks |
| 3(2) | Other officers | Act as authorised, under the Registrar's direction |
| 4 | Withdraw or transfer | Written order with reasons |
| 5(1) | Registry | Continues from the 1958 Act |
| 5(2) | Offices | Head office plus branch offices as Government decides |
| 5(3) | Territorial limits | Defined by notification |
| 5(4) | Seal | The Registry has a seal |
Practical points for applicants
- Address your papers correctly. Under section 2(2)(e), a reference to the Registry includes any office of the Registry, so filing at the appropriate office is filing with "the Registry".
- Do not assume every decision is the Registrar's own. Officers decide matters under authorisation, and the Registrar can move cases between them by reasoned order.
- The text is silent on locations. Which cities have offices and which States each covers is set by notification, not by the Act. Check the current notification before relying on a list. Our overview of Trade Marks Registry offices, jurisdiction and powers is a starting point.
- Where a case goes in appeal, see the later articles on appeals to the High Court; the Appellate Board no longer exists.
Need help with dealing with the Registry?
Knowing which office your file sits with and who is handling it makes follow-up easier. Our trademark registration team files applications at the correct office and tracks them through examination.
Key takeaways
- The Controller-General of Patents, Designs and Trade Marks is the Registrar (3(1)).
- Other officers act only as the Registrar authorises, under his superintendence and direction (3(2)).
- The Registrar may withdraw or transfer matters by written, reasoned order, de novo or from the stage reached (s.4).
- The Registry is the same Registry as under the 1958 Act (5(1)).
- Head office, branch offices and their territorial limits are fixed by the Central Government (5(2), 5(3)).
- The Registry has a seal (5(4)).
Read next
- Section 6: Register of Trade Marks
- Section 18: application for registration
- Section 2: goods, services, register and proprietor
- Trade Marks Registry: offices, jurisdiction and powers
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.