Section 47 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 47 lets a person aggrieved ask for a registered trade mark to be taken off the register, in respect of particular goods or services, because it was never meant to be used or has not been used. It also allows limitations to be imposed on a registration for a particular place or market. Anyone who holds a registration, and anyone blocked by one, should know how it works.
A registered mark may be taken off the register, for the goods or services concerned, on the application of any person aggrieved to the Registrar or the High Court, on one of two grounds: (a) it was registered without a bona fide intention to use it and there has in fact been no bona fide use up to a date three months before the application; or (b) up to a date three months before the application, a continuous period of five years from the date the mark is actually entered in the register, or longer, passed with no bona fide use. Non-use caused by special circumstances in the trade does not count against the proprietor.
The current wording of the forum
Section 47(1), as enacted, says the application goes to the "Registrar or the Appellate Board". The Tribunals Reforms Act, 2021 changed section 47: "Appellate Board" (at both places) became "High Court", and "tribunal" (wherever it occurs) became "the Registrar or the High Court, as the case may be". Before the Tribunals Reforms Act, 2021 this read "Appellate Board" and "tribunal". Read the section below with the current words. See Section 125 for how rectification applications are routed, and the High Court and Registrar for the overall change.
Sub-section (1): the two grounds
The application is made "in the prescribed manner". It must be by a person aggrieved, and it asks that the mark be taken off the register "in respect of the goods or services in respect of which it is registered". It is possible, in other words, to attack the registration for some goods only.
| Ground | What must be shown | Date the non-use runs to |
|---|---|---|
| (a) | The mark was registered without any bona fide intention on the part of the applicant for registration that it should be used for those goods or services by him (or, in a section 46 case, by the company or registered user concerned), and there has in fact been no bona fide use by any proprietor | A date three months before the date of the application |
| (b) | A continuous period of five years from the date on which the mark is actually entered in the register, or longer, elapsed during which the mark was registered and there was no bona fide use by any proprietor | A date three months before the date of the application |
Three points are worth drawing out.
- Both periods count back from the application. The relevant date is three months before the date of the application, not the date of the application itself.
- The five years begin on actual entry in the register. Clause (b) counts "from the date on which the trade mark is actually entered in the register".
- Use by "any proprietor for the time being" counts. A change of owner does not reset the position, and use by a registered user is deemed use by the proprietor under section 48(2); see Section 48.
If a registered mark of a competitor is blocking you and appears dormant, our trademark rectification and removal team can assess whether either ground is available.
The proviso: when the application may be refused
Except where the applicant has been permitted under section 12 to register an identical or nearly resembling mark for the goods or services in question, or where the authority is of opinion that he might properly be permitted to do so, the authority "may refuse" an application under clause (a) or (b) for any goods or services if it is shown that there has been, before the relevant date or during the relevant period, bona fide use of the mark by any proprietor for:
- goods or services of the same description; or
- goods or services associated with those goods or services of that description, being goods or services in respect of which the mark is registered.
So bona fide use on closely related goods can save the registration for the neighbouring goods. The word is "may", so it is a discretion. See Section 12 for concurrent use.
Sub-section (2): limitations for a place or market
Section 47(2) is a narrower remedy. It applies where, for goods or services for which a mark is registered:
- (a) the circumstances in clause (b) of sub-section (1), meaning five-year non-use, are shown to exist as regards goods to be sold or traded in a particular place in India (not for export), or goods to be exported to a particular market outside India, or services for use or available for acceptance in a particular place in India or for use in a particular market outside India; and
- (b) a person has been permitted under section 12 to register an identical or nearly resembling mark under a registration extending to that place or market, or the authority is of opinion that he might properly be permitted to do so.
On that person's application in the prescribed manner, the Registrar or the High Court, as the case may be, "may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use". This is not removal; it trims the registration's reach.
Sub-section (3): special circumstances in the trade
An applicant "shall not be entitled to rely" for clause (b) of sub-section (1) or for sub-section (2) on any non-use that is shown to have been due to special circumstances in the trade, which includes restrictions on the use of the mark in India imposed by any law or regulation, and not to any intention to abandon or not to use the mark for the goods or services. This protects an owner who could not lawfully launch, for example, because of a regulatory restriction. The test is the reason for non-use, and the burden of showing the reason is a matter of evidence; the Act does not say more.
Section 46 cases
For a mark registered on the basis of an intended company or registered user, clause (a) is read as asking whether the company or registered user had a bona fide intention to use; see Section 46.
Procedure
The Trade Marks Rules, 2017 treat an application under section 47 together with sections 57, 68 and 77. Rule 97 says it is made in Form TM-O, with a statement setting out the applicant's interest, the facts relied on and the relief sought. Copies go to the registered proprietor and registered users, and the proprietor has two months from receipt to send a counterstatement under rule 98 (with a limited extension). No fee amount is given here; see the First Schedule. Check the Rules as currently amended.
Example. Gupta Textiles registered "Sundari" in 2015 for two classes of goods but has only ever sold in one. A rival who wants "Sundari" for the other goods applies in 2026. If there has been no bona fide use for the unused goods for five continuous years from entry on the register, up to three months before the application, clause (b) is met for those goods, subject to the proviso and sub-section (3). Gupta can answer with evidence of use or of special circumstances.
Need help with a non-use action?
Whether you are defending a mark that has gone quiet or seeking to clear one that blocks your own filing, the evidence trail decides the matter. Our trademark rectification and removal team can assess the dates, prepare the application or reply and appear on your behalf. Our guide to restoration after removal for non-use is also relevant.
Key takeaways
- Any person aggrieved may apply to the Registrar or the High Court to take a mark off the register for the goods or services concerned.
- Ground (a): no bona fide intention to use at registration and no bona fide use up to three months before the application.
- Ground (b): five continuous years from actual entry on the register, up to three months before the application, with no bona fide use.
- Bona fide use on the same or associated goods or services can lead to refusal of the application, under the proviso.
- Sub-section (2) allows limitations for a particular place or market where a section 12 co-registrant exists.
- Non-use due to special circumstances in the trade does not count under sub-section (3).
Read next
- Section 46: proposed use by a company to be formed
- Section 57: cancellation, variation and rectification of the register
- Section 48: registered users
- Rectification and removal of a trademark from the register
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.