Rules 1 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 1 gives the Rules their name and says when they began. Rule 2(1) then defines the words that every later rule leans on. This article covers rule 1 and the first thirteen definitions, clauses (a) to (m), in the order the text prints them. If you need to know how a particular defined word affects your own filing, a short legal consultation can save a wrong step.
The Trade Marks Rules, 2017 came into force on the date of publication in the official Gazette (rule 1(2)); the notification is dated 6 March 2017. Rule 2(1) fixes the meaning of terms such as agent, convention application, divisional application, graphical representation, Journal and notified date. Where a rule uses one of these words, this definition governs, unless the context requires otherwise.
Rule 1: short title and commencement
Rule 1(1) says: "These rules may be called the Trade Marks Rules, 2017." Rule 1(2) says: "They shall come into force on date of publication in the official Gazette."
The rules were made by the Central Government in exercise of the power in section 157 of the Trade Marks Act, 1999, after a draft published on 17 November 2015, and the notification is G.S.R. 199(E), New Delhi, 6 March 2017. The recital says they were made "in supersession of the to replace Trade Marks Rules, 2002, except as respect things done or omitted to be done before such supersession". The wording is clumsy ("the to replace"), and we flag it rather than correct it. The point that matters is that things already done under the 2002 Rules are not undone.
Rule 2(1): the thirteen definitions in clauses (a) to (m)
Rule 2(1) opens: "In these rules, unless the context otherwise requires, —". Here is what each of the first thirteen clauses says.
| Clause | Term | What the text says |
|---|---|---|
| (a) | Act | The Trade Marks Act, 1999 (47 of 1999) |
| (b) | agent | A person authorised to act as such under section 145 of the Act |
| (c) | application for registration of a trademark | Includes the trademark for goods or services contained in it |
| (d) | appropriate office of the Trade Marks Registry | The relevant office specified in rule 4 |
| (e) | class fee | The fee prescribed for filing an application for registration of a trademark in a particular class |
| (f) | convention country | A country, group, union or inter-governmental organisation declared as such under section 154(1) |
| (g) | convention application | An application for registration made by virtue of section 154 |
| (h) | divisional application | See below: two limbs, (i) and (ii) |
| (i) | divisional fee | The fee against entry no. 14 in the First Schedule |
| (j) | Form | A form set forth in the Second or the Third Schedule |
| (k) | graphical representation | Representation capable of being shown in paper form, including digitised form |
| (l) | Journal | The trademarks Journal on the official website of the Controller General of Patents, Designs and Trade Marks |
| (m) | notified date | The date on which these rules come into force |
Reading the clauses that need care
Agent (clause (b)). An "agent" is defined by reference to section 145 of the Act, which is why rule 19 deals with agency. A separate term, "registered trademark agent", appears later in clause (r) and is covered in the next article of this series. Do not treat the two as the same: an agent is anyone authorised under section 145, while a registered trademark agent is on the register kept under rule 142.
Application for registration (clause (c)). The definition is short. It includes "the trademark for goods or services contained in it". In practice this means the mark and the specification travel together as one application, which matters when rules speak of amending or dividing "the application".
Class fee (clause (e)). The fee is per class. The First Schedule (entry 1) says the fee is "for each class and for each mark". For the fee amounts as notified in 2017, see our article on the First Schedule; check the current Schedule before paying.
Convention country and convention application (clauses (f) and (g)). These point to section 154 of the Act. A convention country is one declared under section 154(1); a convention application is one made by virtue of that section. They matter for the priority claim in rules 24 and 25.
Divisional application (clause (h)). The definition has two limbs: "(i) an application containing a request for the division of goods or services in a class for the registration of a trade mark; or (ii) a divided application made by the division of a single application for the registration of a trade mark for separate classes of goods or services". So the term covers both splitting goods within one class and splitting a multi-class application along class lines. The drafting calls the second limb a "divided application"; the text does not say more.
Divisional fee (clause (i)). "The fee prescribed against entry no. 14 in the First Schedule." Entry 14 of the Schedule, as notified in 2017, also covers seeking the Registrar's preliminary advice and the deposit of regulations for a collective mark, so one entry carries several heads.
Graphical representation (clause (k)). It means a representation of a trademark "represented or capable of being represented in paper form" and includes "representation in digitised form". The definition does not mention sound, shape or colour, which rule 26 deals with separately.
Journal (clause (l)). The Journal is the online one on the official website of the Controller General of Patents, Designs and Trade Marks. When a later rule says an application is "advertised" or a notice is "published", this is the place.
Notified date (clause (m)). The date the rules came into force. Rules 4 to 8 use it to sort marks already on the register or pending on that date from those filed afterwards.
A short example
Aanya Textiles Pvt Ltd files one application for its mark "Lotus Loom" in classes 24 and 25. Under clause (e), the class fee is payable for each class. Later it decides to proceed with class 24 alone while class 25 is stuck on an objection. A request splitting the application into two along class lines is a "divisional application" under clause (h)(ii), and the "divisional fee" under clause (i) applies. The same company files a separate application in India on the strength of an earlier filing in a convention country: that is a "convention application" under clause (g).
Version note
The text used here is the Rules as notified on 6 March 2017. Later amending rules, if any, are not reflected, so check the current text of rule 2 before relying on a definition.
Need help with understanding the Rules for your filing?
If a defined term in rule 2 changes how your application, fee or deadline should be handled, a legal consultation lets you walk through your facts with a professional before you file.
Key takeaways
- The Rules took effect on the date of publication in the Gazette; the notification is dated 6 March 2017.
- Rule 2(1) opens with "unless the context otherwise requires", so a rule's own context can displace a definition.
- "Agent" means a person authorised under section 145; "registered trademark agent" is a narrower term defined later.
- A divisional application covers division of goods within a class and division across classes.
- The divisional fee is the fee against entry no. 14 of the First Schedule.
- "Journal" means the online Trade Marks Journal.
Read next
- Rule 2: opposition, publish, registered trademark agent, small enterprise and startup
- Rules 3–4: principal place of business and the appropriate office
- Rule 11: forms and electronic filing
- Section 2 of the Trade Marks Act: definitions of mark and trade mark
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.