Administrative set up - trademarks are to be registered with Controller General of Patents, Designs and Trademarks who will be the Registrar for the purpose of this Act. Trademark Registry has been established under this Act and its office has been established at different places. The Head Office of the Registrar of Trademarks is at Mumbai and Register of Trademarks is maintained at the head office only.

Classification of goods and services -The goods have been classified into 34 classes and services have been classified into eight classes for the purpose of registration under Trade Marks Act, 1999. Thus, registration of trademark is given for  a particular class of goods or services. Hence, it is possible that same brand name may be used by different proprietors for different classes of goods. For instance, VIP bags and VIP undergarments are manufactured by entirely different and unconnected manufacturers.

Generally, on dissimilar goods, i.e. goods belonging to different classes, identical/similar trademark is allowed but there is an exception. When a person (who has already got his trademark registered) objects on his similar trademark being allowed to another person and he proves two things that he has got reputation & the other person is trying to take undue benefit of him, then identical trademark may not be allowed even on dissimilar goods.

In Sony Kabashiki v. Shamrao, the name Sony in respect of nail polish was allowed, as it is not likely to cause confusion or deception in the minds of consumers of electronic goods.