Section 49 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 49 is the procedure section for registered users. It tells the proprietor and the proposed user what to file together, what the agreement and affidavit must show, what the Registrar must do once he is satisfied, and how commercial information can be kept away from rivals.
The registered proprietor and the proposed registered user must jointly apply in writing to the Registrar in the prescribed manner. The application must carry (a) the written agreement (or a duly authenticated copy), (b) an affidavit by the proprietor or an authorised person on the relationship, the degree of control, the goods or services, conditions and duration, and (c) any further documents the Registrar or the Rules require. When these are complied with, the Registrar shall register the user. He must also notify other registered users, and keep application information from rivals if requested.
Sub-section (1): what is filed
The application must be joint, in writing, and made in the prescribed manner. Both the registered proprietor and the proposed registered user sign on to it. The Trade Marks Rules, 2017 as notified list Form TM-U against sections 49 and 50 and treat the application as one for recordal of registered users. The fee is in the First Schedule; no amount is given here. See also Section 48 for who may be a registered user.
Three items accompany the application.
| Item | Content |
|---|---|
| (a) The agreement | The agreement in writing, or a duly authenticated copy, between the registered proprietor and the proposed registered user, with respect to the permitted use of the trade mark |
| (b) The affidavit | Made by the registered proprietor, or by a person authorised to the satisfaction of the Registrar to act for him (details below) |
| (c) Other documents | Such further documents or evidence as the Registrar may require or as may be prescribed |
What the affidavit must state
Clause (b) lists four heads.
- The relationship and the control (sub-clause (i)). The affidavit gives particulars of the relationship, existing or proposed, between the proprietor and the proposed user, "including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer". It must also say whether it is a term of the relationship that the proposed user shall be the sole registered user, or whether there is any other restriction on persons who may be registered.
- Goods or services (sub-clause (ii)). It states the goods or services for which registration is proposed.
- Conditions or restrictions (sub-clause (iii)). It states the conditions or restrictions, if any, proposed as to the characteristics of the goods or services, the mode or place of permitted use, or any other matter.
- Duration (sub-clause (iv)). It states whether the permitted use is for a period or without limit of period and, if for a period, how long.
The emphasis on the proprietor's degree of control is the point of the exercise. The Act asks for these particulars so that the registered user's use stays under the proprietor's control, and the quality-control stipulations in the agreement come back later in section 50(1)(d), which allows cancellation where a quality stipulation is not being enforced or complied with. See Sections 50-51.
If you want the agreement, affidavit and joint application prepared and filed, our trademark assignment and transfer team can handle them together. The guide to how to file Form TM-16 for a registered user is an older how-to on the same filing; this article follows the Trade Marks Rules, 2017, which list the form as TM-U.
Sub-section (2): the Registrar shall register
"When the requirements of sub-section (1) have been complied with, the Registrar shall register the proposed registered user in respect of the goods or services as to which he is so satisfied."
Two things stand out. The word is "shall": once the requirements are met, registration follows. And the registration is limited to the goods or services as to which the Registrar is satisfied, so registration can be narrower than the application. Nothing in the current section 49 sends the application to the Central Government; the Registrar deals with it.
Sub-section (3): notice to other registered users
The Registrar "shall issue notice in the prescribed manner of the registration of a person as a registered user, to other registered users of the trade mark, if any." If a mark has three licensees and a fourth is registered, the other three are told.
Sub-section (4): keeping information from rivals
"The Registrar shall, if so requested by the applicant, take steps for securing that information given for the purposes of an application under this section (other than matters entered in the register) is not disclosed to rivals in trade." Licensing terms can be commercially sensitive. The protection is available on request, and it does not cover what is entered on the register, which is open to the public. The applicant should therefore decide what to put in the register entry and what to keep in the filed agreement. For what the register holds, see Section 6.
Practical checklist
- Check the proprietor is the registered proprietor, with title recorded; see Section 45.
- Sign a written agreement that deals with the permitted use and the proprietor's control.
- Prepare the affidavit covering all four heads, signed by the proprietor or an authorised person.
- Describe the goods or services carefully; the registration follows what the Registrar is satisfied about.
- Ask for confidentiality under sub-section (4) if the terms are sensitive.
- Plan for conditions and duration, since both appear in the affidavit.
Example. Kapoor Dairy owns a registered mark for ghee and paneer. It signs an agreement with Verma Creamery to make paneer under the mark, within a named state, for three years. The affidavit says that Kapoor Dairy approves recipes and inspects the plant, that Verma will be the only registered user for paneer, that the place of use is that state, and that the term is three years. The joint application goes in with the agreement. If the Registrar is satisfied, he registers Verma for paneer only, and notifies any other registered users of the mark.
Need help with a registered user application?
A recorded licence needs a well-drafted agreement and an affidavit that matches it. Our trademark assignment and transfer team can prepare both, file the joint application and respond to any queries from the Registry.
Key takeaways
- The proprietor and the proposed registered user must apply jointly, in writing, in the prescribed manner.
- The application carries the agreement, an affidavit and any further documents required.
- The affidavit covers the relationship and control, the goods or services, conditions or restrictions, and the duration.
- On compliance, the Registrar shall register the user for the goods or services he is satisfied about.
- Other registered users get notice of the registration.
- On request, the Registrar must take steps so that information (other than what is entered in the register) is not disclosed to rivals in trade.
Read next
- Section 48: registered users
- Sections 50-51: variation, cancellation and information on registered user agreements
- Sections 52-54: infringement proceedings by registered and permitted users
- Trademark licensing: registered user and agreement
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.