Full Text
REGD. No. D. L.-33004/99
The Gazette of India
CG-DL-E-07112025-267443
EXTRAORDINARY
PART II-Section 3-Sub-section (i)
PUBLISHED BY AUTHORITY
No. 727]
NEW DELHI, MONDAY, NOVEMBER 3, 2025/KARTIKA 12, 1947
7324 GI/2025
(1)
MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
NOTIFICATION
New Delhi, the 31st October, 2025
G.S.R. 813 (E) — The following draft rules to further amend the Trade Marks Rules, 2017 which
the Central Government proposes to make in exercise of the powers conferred by sub-section (2) of section
157 of the Trade Marks Act, 2017, are hereby published for the information of all persons likely to be
affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after
the expiry of a period of thirty days from the date on which copies of the Gazette of India, in which this
notification is published, are made available to the public;
Objections or suggestions, if any, may be addressed to the Secretary, Department for Promotion of Industry
and Internal Trade, Ministry of Commerce and Industry, Government of India, Vanijya Bhawan, New
Delhi- 110011 or by e-mail at ipr4-dipp@nic.in
The objections and suggestions, which may be received from any person with respect to the said draft rules
before the expiry of the period so specified, will be considered by the Central Government.
DRAFT RULES
1. In the Trade Marks Rules 2017 (hereinafter referred to as the Principal Rule), after Rule 2 (1)(e),
following shall be inserted namely: -
"- 2(1)(ea). "Code of Conduct" means the Code of Conduct which may be published from
time to time by the Registrar of Trade Marks in the Fifth Schedule and journal as per Rule 143(2).
2. In Principal Rule, after Rule 2 (1)(g), following shall be inserted namely: -
"-2(1) (ga). "Disciplinary Committee” means a committee constituted as per Rule 151D."
3. In Principal Rule, after Rule 2(m), following shall be inserted namely: -
""2(ma). "Officer" for the purposes of Rule 151C means an Officer who is authorized by the
Registrar of Trade Marks under Section 3 of the Trade Marks Act, 1999."
4. In Principal Rule, in Rule Clause (b) of Sub Section (2) of Section 151 shall be omitted.
5. In Principal Rule, after Rule 151, following shall be inserted namely: -
"151A.- Misconduct by a Trade Mark Agent/attorney: (1) Every trade Mark agent or
attorney appearing and acting before the Registrar and/or any other officer appointed as per the provision of
Section 3 of the Trade Marks Act, 1999 shall abide by and follow the code of conduct;
(2) The Registrar may publish updates pertaining to Code of Conduct in the Official Journal.
(3) The Trade Marks agent/attorney shall be liable to be guilty of misconduct, if he/she acts in
contravention to the prescribed Code of Conduct as mentioned in the Fifth Schedule and Journal."
6. In Principal Rule, after Rule 151B, following shall be inserted namely: -
"151B. Complaint of Misconduct to Registrar: (1) Any aggrieved person may, file a
complaint in Form-TM-DP through electronic means to the Registrar within six months from the date of
knowledge of such misconduct mentioned under The Fifth Schedule of the said rules.
7. In Principal Rule, after Rule 151B, following shall be inserted namely: -
"151C. Procedure to deal with complaint received under Rule 151B: (1) Upon receipt
of complaint under rule 151B, the Registrar shall, refer the complaint to Disciplinary Committee to
consider the matter. After considering the recommendation of the Disciplinary Committee, if the Registrar
is of the opinion that an inquiry should be held, he shall issue a notice accompanied by the complaint
requiring such agent/attorney to file reply along with supporting evidence and documents within one month
from receipt of the notice.
Provided that, if Disciplinary Committee found no merit in the complaint, shall submit a report to that
effect to the Registrar and recommend the dismissal of the complaint.
(2). Upon receipt of the reply from such agent/attorney, Registrar shall, refer the reply to
Disciplinary Committee for adjudication of the matter. If no reply is received as directed under Rule
151C(1), Registrar shall direct Disciplinary Committee to adjudicate the matter ex-parte, considering
evidence on the record. After considering, the recommendation of the Disciplinary Committee, Registrar
shall pass appropriate order in writing.
(3). The Registrar may, on his own motion, direct the Disciplinary Committee to initiate
proceedings against any Trade Mark agent/attorney, if, on the basis of sufficient evidence, he is of the
opinion that an inquiry is warranted.
(4). The Disciplinary Committee may conduct its proceedings, either physical, virtual or
hybrid mode as the Presiding Officer may deem appropriate.
(5). The Disciplinary Committee may allow further representation from the parties as the
Presiding Officer may deem appropriate.
(6). If such Trade Marks Agent/attorney with reliable and verifiable evidence submits that
he has acted in good faith, or has exercised reasonable due diligence in his actions, he may not be deemed
to be guilty of professional misconduct.
(7). In case where, the Trade Marks agent/attorney or the complainant fails, neglects or
refuses to appear before the Disciplinary Committee on the date fixed for hearing, the Committee shall
proceed with its inquiry in the absence of such person after recording the reasons for doing so.
(8). The Disciplinary Committee may recommend, at any stage to terminate or drop
disciplinary proceedings for just and sufficient cause recorded in writing to the Registrar, to take
appropriate decision.
(9). The Disciplinary Committee shall complete the proceeding within three months from
the date of commencement of inquiry by Disciplinary Committee for adjudication of matter.
8. In Principal Rule, after Rule 151C, following shall be inserted namely: -
"151D. Constitution of Disciplinary Committee: (1) The Registrar shall constitute a
Disciplinary Committee for the purpose of Rule 151C consisting of the following:
a. Presiding officer, who is not below the rank of a Joint Registrar.
b. Two Senior officials, who are not below the rank of Deputy Registrar.
c. Two Practicing Agent/Attorneys before Trade Marks Office, who at least have twenty years
of active work experience before Trade Marks Office.
Provided that no members of disciplinary committee shall have any conflict of interest with subject matter
and any party to the proceeding.
Provided further that Registrar may constitute one or more Disciplinary Committee as and when deems
necessary."
9. In Principal Rule, after Rule 151D, following shall be inserted namely: -
"151E. Officer and other staff of Disciplinary Committee constituted under 151D: (1)
The Registrar shall assign such officers and other staff members as may be necessary for assisting
the Disciplinary Committee for the purpose of administration of the Code of Conduct."
10. In Principal Rule, after Rule 151E, following shall be inserted namely: -
"151F. Order and Penalties. (1). The Registrar, upon consideration of the
recommendation from the Disciplinary Committee, may pass necessary orders or directions
including warning/censure or removal of such Trade Marks Agent/attorney from Register of Trade
Marks Agent/attorney.
(2). Every order under these rules, shall be dated, digitally signed, communicated to all the parties,
and also uploaded on the official website of Intellectual Property India."
11. In Principal Rule, after Rule 151F, following shall be inserted namely: -
"151G. Confidentiality of Proceedings. – The proceedings before the officer authorized
by the Registrar and the Disciplinary Committee shall be kept strictly confidential, and records
shall not be open to public."
12. In Principal Rule, after Rule 151G, following shall be inserted namely: -
"151H. Communication under Rule 151B, 151C, 151F, 1511.- All Communications
under rule 151B, 151C, 151F and 1511 shall be transmitted through electronic means only. In
proving such transmission, it shall be sufficient to show that the communication was properly
addressed and transmitted through electronic means.
13. In Principal Rule, after Rule 151H, following shall be inserted namely: -
151I. Extension of Time: The Registrar or the Disciplinary Committee may, for reasons to
be recorded in writing, where there is a reasonable cause for the delay or failure to act, extend any
period up to one month, upon petition made under Section 109 and payment of prescribed fee.
14. In Principal Rule, in SECOND SCHEDULE, under heading FORMS after “Form TM-G", and the
entries related thereto, following shall be inserted namely: -
"-TM-DP Rule:151B COMPLAINT FOR MISCONDUCT BY TRADE MARKS
AGENT/ATTORNEY UNDER RULE 151B"
15. In Principal Rule, in SECOND SCHEDULE, after Form TM-G, following forms shall be inserted,
namely:
"FORM TM-DP
THE TRADE MARKS ACT,1999 (47 OF 1999)
and
THE TRADE MARKS RULES, 2017
COMPLAINT FOR MISCONDUCT BY TRADE MARKS AGENT/ATTORNEY UNDER RULE 151B
[See Rule:151B]
1. Particulars of Complainant (mandatory): -
a. Name:
b. Address for service:
c. Contact No.:
d. Email (for service):
2.Particulars of Complaint: -
a. Date, time, and instance of commission and knowledge of the alleged
Misconduct by Trade Marks Agent/attorney:
b. Complaint of misconduct by Trade Marks Agent/attorney setting out all
relevant material particulars:
c. Evidence in support of the Complaint:
I/We ............., the Complainant herein declare that the facts stated herein are correct to the best of
my/our knowledge, information and belief.
3.Signature of the Complainant:
4. Name of the natural person who has signed:
Signature............
(............)
To,
The Registrar,
The Trade Marks Office,
at
Note. -Strike out whichever is not applicable."
16. In Principal Rule, after The Forth Schedule following The Fifth Schedule, shall be inserted: -
"-THE FIFTH SCHEDULE
[See Rules 151A(3)]
The Code of Conduct Trade Mark Agent/Attorney, 2025
Trade Mark Agent/attorney/Attorneys are directed to follow the said Code of Conduct stipulated as under:
1. Code of Conduct for Trade mark Agent/attorney/Attorney:
Every Trade mark agent/attorney/Attorney (hereinafter Agent/Attorney) shall follow recognized standards
of professional conduct and discharge their duties in the interest of the Trade mark applicant. In the
discharge of such duties:
(a) issue a letter of engagement for each client, mentioning scope of service to ensure that the clients
understand scope of work of Agent/Attorney;
(b) shall act with reasonable care and due diligence and conduct its dealing with clients with utmost
good faith and integrity at all times;
(c) must maintain knowledge and skills relevant to the provided Agent/Attorney.
(d) shall at all times ensure compliance with all applicable laws, regulations, orders and any other legal
requirements.
(e) an Agent/Attorney shall not engage in any unethical practice, nor make, permit or cause to be made
any misrepresentation, or any false, misleading, ambiguous, inaccurate, or fraudulent claim, warranty,
or statement.
(f) should appear in proceedings at all times only in presentable manner.
A. Trade mark agent/attorney/Attorney shall: -
a) be fully responsible for all services rendered and shall maintain direct supervision over staffs, legal
assistants, including clerks and paralegals to whom he may delegate certain tasks.
b) apply necessary expertise and discharge his duties with due diligence, skill and care and act as
reliable advisor to his client.
c) make reasonable efforts to record deadlines arising from client's matters, maintain written record of
communications with client, track the progress of matters entrusted to him by his client and timely
report progress of client's matters to him;
d) provide copies of all reports/notices or letters/communications issued by the Trade Marks office to
his/her clients and assist the client in understanding and responding timely to the same;
e) maintain client confidentiality, and shall not disclose any confidential information of a client to any
third party without the client's written consent and take appropriate steps to maintain the security of
confidential document, except where required by a court of law or after the information becomes
available in public domain;
f) act only on the instructions of his/her client and shall not act without such instructions or go
beyond such instructions; actions taken in good faith and in the interests of a client for preservation of
his intellectual property rights shall be exempted;
g) disclose any conflicts of interest at or before the commencement of any professional service/
activity or at the earliest possible opportunity and have adequate arrangements for the management of
conflicts of interest that may arise in future. Any personal interest that may impact the client's case
must be fully disclosed in detail to the client.
h) use his best efforts to restrain and prevent his client from resorting to sharp or unfair practices or
from doing anything which the Trade Marks Agent/attorney himself ought not to do.
B. No Agent/attorney shall: -
a) behave in a discourteous manner with the proprietor and the Registrar of Trade Marks and other
Trade Marks officers.
b) not engage in any conduct, whether by act or omission, that knowingly obstructs or prejudices the
proper implementation of trade mark laws or prevailing administrative orders.
c) knowingly conceal facts before the Trade Marks Office such as to derive undue advantage to himself
or his client;
d) misrepresent or manipulate the identity of applicants in any Trade Marks application, nor falsely
identify himself/herself as the applicant.
e) falsely or in bad faith, cause himself or member of his office, or his relatives or relatives of members
of his office as applicant or opponent in any Trade mark application or opposition for consideration or
otherwise cause such acts;
f) fail or neglect to adhere to statutory timelines despite holding clear instructions from client,
g) provide forged or fabricated documents to a client or the Trade Marks Office at any stage of
prosecution of Trade mark application;
h) misappropriate or embezzle the sums received from a client in fiduciary capacity for performance of
activities under the Trade Marks Act 1999 (47 of 1999) or the Rules made thereunder;
i) permit any non-Agent/attorney to appear or conduct any proceeding at a stage thereof before the
Trade Marks Office;
j) directly or indirectly influence the decision or outcome of a pending proceeding or right filed/pending
or granted by the Office either by colluding with any official of the Trade Marks Office or through any
other means. Private or unofficial communications with any official of the Trade Marks Office
concerning such matters are strictly prohibited.
k) make any false promises or assurances regarding the grant or refusal of trade marks, nor claim,
directly or indirectly, to possess undue influence over officials of the Trade Marks Office.
l) engage in issuing false, deceptive, or misleading advertisements, or improper solicitation of clients or
make exaggerated or untruthful claims, including exaggerated claims of the expertise they possess or
about success rates or guarantees of Trade mark registration. Their communications must be truthful,
accurate, and in keeping with the dignity of the profession. The Rule framed by the Bar Council of
India, including Rule 36 (as amended from time to time) thereof that applies to advertisements and
solicitation shall also apply mutatis mutandis to an Agent/attorney.
m) mislead clients about the distinctiveness of their Trade Marks, the procedural steps involved, or the
potential outcomes to secure their engagement
n) use any coercive method or in any manner trying to unduly influence applicants such as by
exaggerating deadlines, misrepresenting legal requirements, or creating undue fear of adverse
consequences to appoint them as their representative, including by exploiting an applicant's lack of
knowledge about Trade Marks procedures;
o) mislead his clients or engage in improper, unethical, or illegal activities including providing
assurance or guarantees of outcomes such as grant of a Trade Marks;
p) withhold files of a client unreasonably or fail to return the files within a reasonable period upon
being directed to withdraw his representation;
q) contravene, or in any manner act inconsistently with, the provisions of the Trade Marks Act, 1999, or
the Trade Marks Rules, 2017.
C. No Agent/attorney shall withdraw from a Trade mark application without just and reasonable
cause, except: -
a) for non-payment of professional charges within a stipulated period, or
b) if he is unable to obtain instructions from his client or locate the client; provided the Agent/attorney
is able to show exercise of reasonable due diligence on his part; or
c) the Agent/attorney seeks to retire from practice; or
d) the client's conduct is dishonorable or in bad faith.
Provided that the withdrawal would be preceded by a notice in writing of not less than 30 days to the client;
2. Agent/attorney duties towards the Trade Marks Office. -
(1) Every Agent/attorney must be fully updated with the latest amendments, rules and regulations
concerning Trade Mark laws. No Agent/attorney can plead ignorance of law or its interpretation.
(2) An Agent/attorney must ensure that all filings, applications, and correspondences meet the required
legal and procedural standards. Documents submitted to the Trade Marks Office should be accurate,
complete, and timely submitted.
(3) An Agent/attorney shall not submit any document, issue communication or statement in any form that
contains a materially false or misleading statement; or contains statements or information furnished
negligently; or omits or obscures any information required to be included where such omission or obscurity
would be misleading;
Provided that no action shall be taken against the Trade Mark Agent/attorney if the communication,
statement or document is duly rectified upon learning of the false/misleading statement.
(4) An agent/attorney shall not do or commit any act prohibited under the provisions of the Prevention of
Corruption Act, 1988, including but not limited to bribery, cause misuse of office, or misappropriation of
public resources;
(5) Every agent/attorney shall conduct himself in a professional manner before the Trade Marks office in
any proceeding. No agent/attorney shall use objectionable, abusive, derogatory, indecent gesture or obscene
language in any proceedings or otherwise while communicating with any official of the Trade Marks
Office;
(6) No agent/attorney shall attempt to influence the decision-making process of an official of the Trade
Marks Office so as to result in favorable outcome to the agent/attorney or his client.
(7) No agent/attorney shall attempt to influence or intimidate any official of the Trade Marks Office by
threatening to approach higher authorities or file an appeal in Court of Law, in response to an unfavorable
decision, as such behavior may be deemed coercive, unprofessional, and against the principles of ethical
conduct.
3. DUTIES TOWARDS FELLOW PROFESSIONALS:
An agent/attorney must:
a) treat their fellow professionals with courtesy and respect.
b) not make disparaging references or unsubstantiated comparisons to the work of other Trade Mark
agent/attorney.
c) not engage in unfair competition or attempt to lure or entice clients away from other agent/attorney
through unethical means or practices.
d) not permit his professional services or his name to be used for promoting or starting any unauthorised
practice of law."
[F.No. P-24038/1/2025-IPR-III]
HIMANI PANDE, Addl. Secy.
Note: The principal rules were published in the Gazette of India; Extraordinary, Part II, Section 3,
Sub-section (i), vide notification number G.S.R. 119 (E), dated 6th day of March 2017.
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
AMIT KUMAR JAISWAL Digitally signed by AMIT KUMAR
JAISWAL
Date: 2025.11.07 15:38:51 +05'30'