Section 30 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 29 says when a registered mark is infringed. Section 30 says when it is not. It has four sub-sections: honest use to identify the proprietor's own goods, five specific uses that are not infringement, and a rule on goods lawfully acquired and then resold, with its own exception.
Nothing in section 29 prevents use of a registered mark to identify the proprietor's own goods or services, if the use is in accordance with honest practices and does not take unfair advantage of or harm the mark's distinctive character or repute (sub-section (1)). A registered mark is not infringed in the five cases in sub-section (2). Resale of lawfully acquired goods is not infringement merely because of an assignment or because the proprietor put them on the market (sub-section (3)), unless there are legitimate reasons to oppose further dealings (sub-section (4)).
Sub-section (1): honest use to identify the proprietor's goods
"Nothing in Section 29 shall be construed as preventing the use of a registered trade mark by any person for the purposes of identifying goods or services as those of the proprietor provided the use— (a) is in accordance with honest practices in industrial or commercial matters, and (b) is not such as to take unfair advantage of or be detrimental to the distinctive character or repute of the trade mark."
Two conditions, joined by "and": (a) honest practices in industrial or commercial matters, and (b) no unfair advantage or detriment. The purpose of the use must be to identify the goods or services as the proprietor's. If you are the owner of the mark and a third party's use is of this kind, read this sub-section before deciding to send a trademark infringement notice.
Sub-section (2): five cases where there is no infringement
"A registered trade mark is not infringed where—"
| Clause | The use | Key words |
|---|---|---|
| (a) | Use that indicates the kind, quality, quantity, intended purpose, value, geographical origin, time of production or other characteristics of goods or services | Descriptive use |
| (b) | Where the mark is registered subject to conditions or limitations, use in places, markets or circumstances to which, having regard to them, the registration does not extend | Use outside the registration's reach |
| (c)(i) | Goods connected in the course of trade with the proprietor or a registered user, where the proprietor or registered user conforming to permitted use applied the mark and has not removed or obliterated it, or has expressly or impliedly consented to the use | Goods the proprietor marked or consented to |
| (c)(ii) | Services to which the proprietor or registered user applied the mark, where the purpose and effect is to indicate in accordance with the fact that the services were performed by the proprietor or registered user | Truthful indication of who did the services |
| (d) | Goods adapted to form part of, or be accessory to, other goods or services, where use of the mark is reasonably necessary to indicate the adaptation and neither the purpose nor effect is to indicate a connection otherwise than in accordance with the fact | Compatibility and accessories |
| (e) | Use of one of two or more registered marks that are identical or nearly resemble each other, in exercise of the right to use given by registration | Two registered proprietors |
Clause (a): descriptive use
Words that indicate quality, quantity, intended purpose, geographical origin and the like can be used for that purpose. A seller who states that a product is made in a particular place, for example, is describing it. The clause does not say the use must be honest, but it should be read with the rest of the Act.
Clause (b): conditions and limitations
If your registration carries conditions or limitations, use beyond them is not infringement of that registration. Section 28(2) makes the exclusive right subject to those conditions and limitations, and section 30(2)(b) is its counterpart. See section 28.
Clause (c): goods and services of the proprietor
For goods, the person using the mark deals with goods connected in the course of trade with the proprietor or a registered user. For services, the proprietor or registered user applied the mark and the use truthfully indicates who performed the services.
Clause (d): accessories and compatible goods
A maker of a charger who writes that it is "for" a branded phone may rely on the idea behind this clause. The test is that use is reasonably necessary to indicate the adaptation, and neither the purpose nor the effect is to indicate a trade connection other than as the facts are.
Clause (e): two registered marks
Where two or more identical or nearly resembling marks are registered, use of one in exercise of the right given by registration is not infringement. It fits with section 28(3), and with concurrent registration under section 12.
Sub-section (3): lawfully acquired goods
"Where the goods bearing a registered trade mark are lawfully acquired by a person, the sale of the goods in the market or otherwise dealing in those goods by that person or by a person claiming under or through him is not infringement of a trade by reason only of— (a) the registered trade mark having been assigned by the registered proprietor to some other person, after the acquisition of those goods; or (b) the goods having been put on the market under the registered trade mark by the proprietor or with his consent."
The Gazette text of the Act prints "a trade" here, with the word "mark" missing; the sense is "a trade mark" and it is read that way.
The effect: goods that a person has lawfully acquired can be sold on or otherwise dealt in, and this is not infringement by reason only of (a) a later assignment of the mark or (b) the goods having been put on the market by the proprietor or with consent. The words "by reason only of" matter: other facts could still make the dealing an infringement.
Sub-section (4): the exception to sub-section (3)
"Sub-section (3) shall not apply where there exists legitimate reasons for the proprietor to oppose further dealings in the goods in particular, where the condition of the goods, has been changed or impaired after they have been put on the market."
So the proprietor may still object where there are legitimate reasons, and the text gives one example: the condition of the goods has been changed or impaired after they were put on the market.
Example. Naya Appliances sells its branded mixers through an authorised dealer. A shopkeeper who lawfully bought a stock resells it under the same name. Under sub-section (3), the resale is not infringement merely because the goods were put on the market with the proprietor's consent. If the shopkeeper had opened and repackaged the mixers so that their condition was changed or impaired, sub-section (4) allows the proprietor to oppose further dealings.
What section 30 does not say
- It does not define "honest practices"; the phrase is as in the text.
- It does not state any burden of proof.
- It does not create new rights; it limits section 29.
- It lists no fees or forms.
For the other limits on a registered mark, see section 34 (prior use) and sections 35-36.
Practical points
- Check section 30 before sending a notice. A complaint about descriptive use or resale may fall within it.
- If you are accused, match your use to sub-section (1), (2) or (3) and keep proof, such as invoices for lawful acquisition.
- Brand owners: protect against changed or impaired goods; sub-section (4) is the hook.
- Keep conditions and limitations in view. Clause (b) turns on them.
Need help with a notice or a defence?
Whether you plan to send a notice for infringement or have received one, the exceptions in section 30 may decide the outcome. Our trademark infringement notice team reviews the use against sections 29 and 30 before anything is sent.
Key takeaways
- Section 30 limits section 29: honest use to identify the proprietor's goods is allowed (sub-section (1)).
- Five cases are not infringement: descriptive use, use outside conditions or limitations, goods or services of the proprietor, accessories, and use of one of two registered marks.
- Lawfully acquired goods can be resold; this is not infringement by reason only of assignment or of the proprietor having put them on the market.
- The proprietor may oppose further dealings for legitimate reasons, such as goods changed or impaired.
Read next
- Section 29: infringement of registered trade marks
- Section 34: saving for vested rights of prior user
- Sections 35-36: use of own name and words used as name of article
- Trademark infringement: what constitutes and remedies
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.