Section 6 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 6 creates the Register of Trade Marks, the official record on which a registration lives. It lists what must be entered, allows the register to be kept electronically, forbids notice of trusts, puts the register under the Registrar's control, and carries the old Part A and Part B registers into the new one.
A record called the Register of Trade Marks is kept at the head office of the Trade Marks Registry. It holds all registered trade marks with the names, addresses and descriptions of proprietors, notices of assignments and transmissions, registered users, conditions, limitations and other prescribed matter (6(1)). It may be kept wholly or partly in electronic form (6(2)). No notice of any trust can be entered or received (6(4)). The Registrar controls it (6(5)).
Section 6(1): what the register contains
The register is "a record called the Register of Trade Marks", kept at the head office of the Trade Marks Registry. The section lists what goes into it.
| Item | Text |
|---|---|
| Marks | All registered trade marks |
| Proprietors | Names, addresses and description of the proprietors |
| Dealings | Notifications of assignment and transmissions |
| Registered users | Names, addresses and descriptions |
| Terms | Conditions, limitations |
| Other | Such other matter relating to registered trade marks as may be prescribed |
"Prescribed" now means prescribed by rules made under the Act, except for High Court proceedings; see section 2. The register is why the definition of "registered proprietor" turns on who is entered in it; see the definitions article. To get your mark entered, see trademark registration.
Why the entries matter
Because the register records proprietors, assignments and transmissions, registered users, conditions and limitations, a person reading it can see who owns a mark, whether ownership has changed, who is licensed through registration, and any limits attached. The section does not say what a private person must do to inspect the register; later sections on documents open to public inspection deal with that.
Section 6(2) and 6(3): electronic register
Notwithstanding 6(1), the Registrar may keep the records wholly or partly in computer floppies, diskettes or in any other electronic form, subject to such safeguards as may be prescribed. The reference to floppies and diskettes reflects the Act's age; the phrase "any other electronic form" is the operative part today.
Where the register is kept wholly or partly on computer, any reference in the Act to an entry in the register is read as a reference to an entry as maintained on computer or in other electronic form (6(3)). So when the Act says "entered in the register", the electronic entry counts.
Section 6(4): no notice of trust
No notice of any trust, express or implied or constructive, shall be entered in the register and no such notice shall be receivable by the Registrar.
| Point | Meaning |
|---|---|
| Entered | The register cannot show a trust over a mark |
| Receivable | The Registrar cannot accept such a notice at all |
| Types | Express, implied or constructive trusts |
The effect is that the register shows the registered proprietor, not the beneficial owners behind them. If someone holds a mark on trust for others, that arrangement stays outside the register; the Registrar deals with the person who is entered.
Example. Sunil registers "Maple Row" in his own name but agrees with his brother that the brother is the real owner. He cannot ask the Registrar to note the brother's interest as a trust. The brothers' arrangement operates between themselves; the register shows Sunil.
Section 6(5): control and management
The register shall be kept under the control and management of the Registrar. The Registrar is the person described in sections 3 to 5.
Section 6(6): copy at each branch office
At each branch office of the Trade Marks Registry there shall be kept a copy of the register and such of the other documents mentioned in section 148 as the Central Government may, by notification in the Official Gazette, direct. Section 148 deals with documents open to public inspection and is covered later in this series.
Section 6(7): the old Part A and Part B
The Register of Trade Marks, both Part A and Part B, existing at the commencement of this Act, shall be incorporated in and form part of the register under this Act. Earlier law kept two parts; marks registered under it continue on the single register. The 1999 Act itself keeps a single register and makes no separate Part A or Part B for new applications.
Practical points
- Check the entry before you rely on the mark. Whether a mark is a "registered trade mark" turns on its being actually on the register and remaining in force.
- Keep your details current. The register shows the proprietor's name, address and description; assignments and transmissions are noted there.
- Do not expect trusts to appear. If beneficial ownership matters to you, document it in a written agreement outside the register.
- Form and fees. What other particulars are entered and how changes are requested are set by the Trade Marks Rules, 2017; this article states no fee.
- For checking a mark online, see how to check trademark status on the IP India portal.
Need help with your entry on the register?
Errors in a proprietor's name or address, or unrecorded changes of ownership, can cause trouble at renewal or in a dispute. Our trademark registration team can help you file correctly in the first place and keep the particulars in order.
Key takeaways
- The Register of Trade Marks is kept at the head office of the Registry (6(1)).
- It records marks, proprietors, assignments and transmissions, registered users, conditions and limitations.
- It may be kept in electronic form; an electronic entry counts as an entry in the register (6(2), 6(3)).
- No notice of any trust can be entered or received (6(4)).
- It is under the Registrar's control and management (6(5)); branch offices hold a copy (6(6)).
- The old Part A and Part B registers are part of the present register (6(7)).
Read next
- Sections 3-5: Registrar and Registry offices
- Sections 7-8: classification of goods and services
- Section 9: absolute grounds for refusal of registration
- How to check trademark status on the IP India portal
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.