IP And Trademarks 2 October 2026
Navigating Sections 9 & 11: Trademark Registrability in India
India’s Trade Marks Act requires proof of actual use to secure registration under Section 9, and mandates that a mark be put to genuine use within five years per Section 11. Without sales data, invoices or advertising records, applications face objections, while Section 11 prevents registration of unused marks, ensuring only active brands gain protection.
India’s Trade Marks Act, 1999 sets two key hurdles for applicants:
- Section 9 – Requires concrete evidence of use such as sales figures, invoices, advertising spend or turnover to overcome objections.
- Section 11 – Demands that a registered mark be genuinely used in commerce within five years, otherwise it can be removed.
Providing detailed usage records is essential to clear a Section 9 objection and to maintain protection under Section 11. For a full walkthrough, see the original article here.
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