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The Trade Marks Rules, 2017
2017 · Ministry of Commerce and Industry ·
In force
· synced 03 Sept 2026
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Chapter I
1.
Short title and commencement
2.
Definitions
3.
Principal place of business in India
4.
Appropriate office of the Trade Marks Registry
5.
Jurisdiction of appropriate office not altered by change in the principal place of business or address for service
6.
Entry of the appropriate office in the Register
7.
Provision
8.
Leaving of documents, etc
9.
Provision
10.
Fees
11.
Forms
12.
Size, etc of documents
13.
Signing of documents
14.
Service of documents
15.
Particulars of address etc. of applicants and other persons
16.
Statement of principal place of business in India in the application
17.
Address for service
18.
Service of Documents by the Registrar
19.
Agency
20.
Classification of goods and service
21.
Preliminary advice by Registrar as to distinctiveness
22.
Request to Registrar for Search
Chapter II
23.
Form and signing of application
24.
Application under convention arrangement
25.
Statement of user in applications
26.
Representation of trademark
27.
Series Trademarks
28.
Transliteration and translation
29.
Names and representations of living persons or persons recently dead
30.
Name or description of goods or services on a trademark
31.
Deficiencies
32.
Acknowledgement of the Application
33.
Examination, Objection to acceptance, hearing
34.
Expedited Processing of Application
35.
Notice of withdrawal of application for registration
36.
Decision of Registrar
37.
Correction and amendment of application
38.
Withdrawal of acceptance by the Registrar
39.
Manner of Advertisement
40.
Notification of correction or amendment of application
41.
Request to Registrar for particulars of advertisement of a trademark
42.
Notice of Opposition
43.
Requirements of Notice of Opposition
44.
Counterstatement
45.
Evidence in support of opposition
46.
Evidence in support of application
47.
Evidence in reply by opponent
48.
Further evidence
49.
Provision
50.
Hearing and decision
51.
Provision
52.
Provision
53.
Entry in the Register
54.
Associated trademarks
55.
Death of applicant before registration
56.
Certificate of registration
Chapter III
57.
Renewal of registration
58.
Notice before removal of trademark from register
59.
Advertisement of removal of trademark from the register
60.
Restoration and renewal of registration
61.
Notice and advertisement of renewal and restoration
Chapter IV
62.
Definitions
63.
Language
64.
Issue of notices or communications etc. and response thereto
65.
Provision
66.
Verification and Certification of international application in respect of which India is the country of origin
67.
Handling fee
68.
Manner of keeping the record of international registrations where India has been designated
69.
Examination of application under section 36E
70.
Invalidation of protection
71.
Effect of cancellation of international registration
72.
Collective and Certification Trademarks
73.
Replacement of national registration
74.
Provision
Chapter V
75.
Application for entry of assignment or transmission
76.
Case accompanying application
77.
Proof of title
78.
Impounding of Instruments
79.
Assignments involving transmission of moneys outside India
80.
Application for Registrar's direction as to advertisement of an assignment of a trademark without goodwill of the business
81.
Application for entry of assignment without goodwill
82.
Separate registration
83.
Registrar's certificate or approval as to certain assignment and transmissions
84.
Entry in register, of particulars of assignment
85.
Registration of assignment to a company under section 46
Chapter VI
86.
Application for registration as registered user
87.
Consideration by the Registrar
88.
Hearing before refusing an application or to accept it conditionally
89.
Entry in the register
90.
Registration not to imply authorisation to transmit money outside India
91.
Communication of registration as registered user
92.
Registered proprietor's application to vary entry
93.
Cancellation of registration of registered user
94.
Power of the Registrar to call for information with respect to registered user
95.
Procedure on application to vary entry or cancel registration
96.
Registered user's application
Chapter VII
97.
Application to rectify or remove a trademark from the register
98.
Further procedure
99.
Intervention by third parties
100.
Rectification of the register by the Registrar of his own motion
First Schedule.
THE FIRST SCHEDULE
Second Schedule.
THE SECOND SCHEDULE
Third Schedule.
THE THIRD SCHEDULE
Fourth Schedule.
THE FORTH SCHEDULE
Chapter VII
101.
Alteration of address in register
102.
Alteration of registered trademark
103.
Advertisement before decision and opposition etc
104.
Decision, Advertisement, Notification
105.
Re-classification in respect of existing registration
Chapter VIII
106.
Refusal or invalidation of registration of a trademark conflicting with a geographical indication
107.
Single application under sub-section (2) of section 18
108.
Divisional Application
109.
Extension of time
110.
Exercise of discretionary power of Registrar
111.
Communication of decision
112.
Amendments and correction of irregularity in procedure
113.
Directions not otherwise prescribed
114.
Opinion of the Registrar under section 115(4)
115.
Hearings
116.
Costs in uncontested cases
117.
Exception to rule 116
118.
Scale of costs
119.
Application for review of Registrar's decision
120.
Form, etc; of Affidavits
121.
Inspection of documents
122.
Certified copies of documents
123.
Power of Registrar to notify International Non-proprietary names
124.
Determination of Well Known Trademark by Registrar
125.
Time for appeal
126.
Service to the Registrar
127.
Certificate of validity to be noted
128.
Return of exhibits
129.
Destruction of records
Part II
130.
Rules to apply to collective trademarks
131.
Application for registration and proceedings relating thereto
132.
Case accompanying application
133.
Examination, Hearing, Opposition, Registration, and Renewal
134.
Amendment of regulations relating to collective trademarks and renewal
135.
Removal of collective trademark
Part III
136.
Rules to apply to certification Trademarks
137.
Application for registration and proceedings relating thereto
138.
Statement of case accompanying application
139.
Examination, Hearing, Opposition, Registration, and Renewal
140.
Cancellation or variation of registration of certification trademark
141.
Alteration of deposited regulations and consent of the Registrar for assignment or transmission of certification Trademarks
Part IV
142.
Register of Trademarks Agents
143.
Registration of existing registered trademarks agents, code of conduct, etc
144.
Qualifications for registration
145.
Persons debarred from registration
146.
Manner of making application
147.
Application for registration as a trademarks agent
148.
Procedure on application and qualifying requirements
149.
Certificate of registration
150.
Continuance of the name in the register of Trade Marks Agents
151.
Removal of agent's name from the register of Trade Marks agents
152.
Power of Registrar to refuse to deal with certain agents
153.
Restoration of removed names
154.
Alteration in the register of Trademarks Agents
155.
Publication of the register of trademarks agents
156.
Appeal
Part V
157.
Language of the Trade Marks Registry
Part VI
158.
Repeal
1
8
15
23
30
37
45
52
59
67
74
82
89
96
Fourth Schedule
107
114
122
129
136
144
151