Trade Marks Act, 1999 · Chapter II: The Register and Conditions for Registration
Section 17: Effect of registration of parts of a mark
(1) When a trade mark consists of several matters, its registration shall confer on the proprietor exclusive right to the use of the trade mark taken as a whole.
(2) Notwithstanding anything contained in sub-section (1), when a trade mark—
(a) contains any part—
(i) which is not the subject of a separate application by the proprietor for registration as a trade mark; or
(ii) which is not separately registered by the proprietor as a trade mark; or
(b) contains any matter which is common to the trade or is otherwise of a non-distinctive character, the registration thereof shall not confer any exclusive right in the matter forming only a part of the whole of the trade mark so registered.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 14 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 17
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Pernod Ricard India Private Limited & Another v. Karanveer Singh Chhabra
Appellants, engaged in the manufacture and distribution of wines, liquors, and spirits, sell whisky under the brand names ‘BLENDERS PRIDE’ and ‘IMPERIAL BLUE’, both of which are registered trademarks. The appellants…
- Gtz India Pvt. Ltd v. Artek Surfins Chemicals Ltd. & Anr
- Royal County of Berkshire Polo Club Ltd & Ors v. Lifestyle Equities C V & Ors
- M/S Darzi on Call v. Sunil Mittal & Anr