Section 48 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 48 says who may be registered as a registered user of a trade mark and what the law makes of the registered user's use. It has two sub-sections and a short text, but the second sub-section does a great deal of work for brand owners who license their marks.
A person other than the registered proprietor of a trade mark may be registered as a registered user of it for any or all of the goods or services for which it is registered, subject to section 49. The permitted use of a trade mark is deemed to be use by the proprietor, and not by the other person, for the purposes of section 47 and for any other purpose for which use is material under this Act or any other law.
Sub-section (1): who may be a registered user
The sub-section says: "Subject to the provisions of Section 49, a person other than the registered proprietor of a trade mark may be registered as a registered user thereof in respect of any or all of the goods or services in respect of which the trade mark is registered."
| Element | What the text says |
|---|---|
| Who | A person other than the registered proprietor |
| Of what | The trade mark |
| For what | Any or all of the goods or services for which the mark is registered |
| Subject to | Section 49, which sets out how registration is applied for |
| Status | "May", so registration is permitted; it is not automatic |
The section is permissive. It does not say that every licensee must be registered, and it does not say what happens if a licence is not recorded. For the way the Act defines the person who uses a mark with the proprietor's permission and the term "registered user", see Section 2 definitions.
The use of the words "any or all of the goods or services" means a registered user can be recorded for a part of the proprietor's specification. A proprietor with a mark covering garments and footwear can register a licensee for footwear alone.
If you license your brand to a manufacturer, distributor or franchisee and want the arrangement recorded, our trademark assignment and transfer team can prepare the agreement and the application. The guide to trademark licensing and registered user agreements sets out the commercial terms usually covered.
Sub-section (2): permitted use counts as the proprietor's use
Sub-section (2) reads: "The permitted use of a trade mark shall be deemed to be used by the proprietor thereof, and shall be deemed not to be used by a person other than the proprietor, for the purposes of Section 47 or for any other purpose for which such use is material under this Act or any other law."
This has two halves.
- It is treated as the proprietor's use. If a registered user sells goods under the mark, that use is credited to the proprietor. Use matters, for example, when someone asks for the mark to be removed for non-use under section 47. The licensee's sales can answer that application. See Section 47.
- It is not treated as the licensee's own use. The registered user cannot build up a claim to the mark by using it. The use is deemed "not to be used by a person other than the proprietor".
The sub-section speaks of "permitted use". Section 2(1)(r) defines it in two limbs: use by a registered user, for goods or services with which he is connected in the course of trade and for which he is registered; and use by a person other than the registered proprietor and registered user, connected in the course of trade, by consent of the registered proprietor in a written agreement, subject to the conditions or limitations of the registration. So a licensee who is not on the register can still have "permitted use", but only under a written agreement.
Where section 48 sits in the scheme
Section 48 is the first of seven sections on registered users.
| Section | Subject |
|---|---|
| 48 | Who may be registered; permitted use deemed use by the proprietor |
| 49 | How to apply: joint application, agreement, affidavit, notice to other users |
| 50 | Variation and cancellation of registration |
| 51 | Registrar's call for confirmation that the agreement continues |
| 52 | Registered user's right to sue for infringement |
| 53 | No right of a permitted user to sue |
| 54 | No assignable or transmissible right for a registered user |
Applications are described in Section 49, and cancellation and variation in Sections 50-51.
Registration and the Rules
Under the Trade Marks Rules, 2017 as notified, an application for recordal of a registered user is made in Form TM-U (the Schedule of forms lists sections 49 and 50 against that form). The fee is in the First Schedule; no amount is given here. Check the current Rules, as they can be amended.
Certification trade marks
Section 69 lists provisions that do not apply to certification trade marks, and section 48 is on that list. A certification mark owner therefore does not use the registered user route; authorised use is governed by the regulations under section 74. See Sections 69-70.
Practical points
- Decide whether to register. The section lets you; it does not compel you. Think about the reasons: recorded use, notice to the Registry and the rights in sections 52 and 53.
- Keep control and quality terms in the agreement. Section 49 asks for particulars of the degree of control by the proprietor.
- Keep use evidence. Because permitted use is deemed the proprietor's use, invoices and packaging showing the licensee's use are evidence for the proprietor.
- Do not assume the licensee gains title. The use is deemed not to be the licensee's.
Example. Shah Brands holds a registered mark "Aarav" for packaged snacks. Its manufacturing partner, Rathi Foods LLP, is registered as a registered user for those goods. Rathi Foods sells the snacks for six years. When a competitor files for removal for non-use, Shah Brands can point to the sales, because under section 48(2) Rathi Foods' permitted use is deemed use by Shah Brands.
Need help recording a licensee?
Brand owners with manufacturers, distributors or franchisees should consider whether the arrangement should appear on the register. Our trademark assignment and transfer team can draft the agreement, prepare the joint application and follow it through.
Key takeaways
- A person other than the registered proprietor may be registered as a registered user for any or all of the goods or services in the registration.
- Registration is subject to section 49, which governs how to apply.
- Permitted use is deemed to be use by the proprietor for section 47 and every other purpose where use is material.
- It is deemed not to be use by the other person.
- Section 48 does not apply to certification trade marks.
Read next
- Section 49: registration as registered user
- Sections 50-51: variation, cancellation and information on registered user agreements
- Sections 52-54: infringement proceedings by registered and permitted users
- Trademark license agreement: draft template
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.