Rules 103 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.
Rules 103 and 104 carry an application to alter a registered mark (made under rule 102) through to its end: advertisement, opposition, decision and notification. Rule 105 deals with something separate but related: converting the goods and services of an existing registration to match an amended Nice Classification.
The Registrar considers an alteration application and, if it appears expedient, publishes it in the Journal before deciding (rule 103(1)). Within three months of the advertisement, any person may oppose in Form TM-O; the proprietor has two months from receipt of the copy to file a counterstatement in Form TM-O, failing which the application is deemed abandoned (rule 103(2)). If the Registrar allows the alteration, the register is altered and a notification with the altered mark is published in the Journal (rule 104). On an amendment of the Nice Classification, the proprietor may apply in Form TM-P to bring the specification into line, and the approved change is advertised in the Journal (rule 105).
The Act behind the rules
Sections 59 and 60 deal with alteration of a registered mark and amended classification; see our article on Sections 59–60. The application itself is made under rule 102, described in Rules 101–102. The general idea of classification is in our post on the Nice classification and the 45 classes.
If a mark is being altered or a specification needs updating, our trademark registration team can advise which route applies.
Rule 103(1): advertisement before decision
"The Registrar shall consider the application made under rule 102 and shall, if it appears to him expedient, publish the application in the Journal before deciding it."
The publication is discretionary: it depends on whether it "appears to him expedient". If the Registrar publishes, the opposition period in sub-rule (2) starts. The rule does not state criteria for expediency.
Rule 103(2): opposition and counterstatement
| Step | Text of rule 103(2) |
|---|---|
| Who may oppose | "any person" |
| Time | "Within three months from the date of advertisement under sub-rule (1)" |
| Form | Notice of opposition in Form TM-O |
| Copy | "transmitted forthwith by the Registrar to the registered proprietor and each registered user, if any" |
| Proprietor's reply | A counter statement of the grounds on which the opposition is contested, in Form TM-O, "within two months from the receipt by the registered proprietor of such copies" |
| Registrar's service | If a counterstatement is filed, the Registrar "shall ordinarily serve a copy thereof on the person giving notice of opposition within one month" |
| Further proceedings | "the provisions of rules 45 to 51 shall apply mutatis mutandis" |
The proviso
"Provided that where the registered proprietor fails to file the counter statement within the specified time, the application shall be deemed to have been abandoned."
The consequence is automatic: if the proprietor, who is the one asking to alter the mark, does not file a counterstatement in two months, the alteration application is treated as abandoned. No extension is mentioned in this sub-rule.
Drafting note: the sub-rule prints "he shall sent to the Registrar" (for "send"). It also calls the person who gave notice of opposition and the proprietor by role; the proprietor here is the applicant for alteration.
Rule 103(3): no opposition
"If there is no opposition, within the time specified in sub-rule (2), the Registrar shall, after hearing the applicant if he so desires, allow or refuse the application and shall communicate his decision in writing to the applicant."
So where nobody opposes within three months, the Registrar still decides: the proprietor is heard if he so desires, and the Registrar either allows or refuses. The decision is communicated in writing to the applicant.
An invented example: Sunberry Juices applies to remove a device from its logo under section 59. The Registrar considers it expedient to advertise. Nobody gives notice of opposition within three months of the Journal date. The Registrar offers a hearing; Sunberry says it does not need one. The Registrar allows the alteration and informs Sunberry in writing.
Rule 104: decision, advertisement, notification
"If the Registrar decides to allow the application he shall alter the trademark in the register accordingly and publish in the Journal a notification that the trademark has been altered along with trademark as altered."
Two acts follow an allowance: the entry in the register is altered, and a notification is published in the Journal with the mark as altered. The rule does not state a time for either.
Rule 105: re-classification of an existing registration
Sub-rule (1): the application
"On the amendment in international classification of goods and services (NICE Classification), the registered proprietor of a trademark may apply to the Registrar in Form TM-P for the conversion of the specification of goods and services relating to the trademark, so as to bring that specification into conformity with the amended classification."
- Trigger: an amendment in the Nice Classification.
- Who: the registered proprietor; the word is "may", so it is optional.
- Form: Form TM-P.
- Purpose: conversion of the specification to match the amended classification.
Sub-rule (2): the Registrar's power
"The Registrar may, thereupon, amend the description of goods and services or the classification as the case may be in accordance with international classification of goods and services (NICE Classification)."
Again "may": the Registrar has discretion, and the amendment must follow the Nice Classification.
Sub-rule (3): advertisement and entry
"The amendment in the specification of goods or services or in the classification if approved shall be advertised in the Journal; thereafter the entry in the register in respect of that registration shall be modified accordingly."
The order is: approval, advertisement, then modification of the register entry. The rule does not provide for opposition to a re-classification and does not state a time or fee.
An invented example: Hearthfield Kitchenware holds a registration whose specification was drafted under an older edition of the classification. When the Nice Classification is amended, Hearthfield files Form TM-P asking to convert its specification. The Registrar approves; the change is advertised in the Journal and the register is then modified.
The three rules at a glance
| Rule | Subject | Form | Period |
|---|---|---|---|
| 103(1) | Advertisement if expedient | None | Not stated |
| 103(2) | Opposition by any person | TM-O | Three months from advertisement |
| 103(2) | Proprietor's counterstatement | TM-O | Two months from receipt of copies; else deemed abandoned |
| 103(3) | Decision if no opposition | None | Hearing if the applicant desires |
| 104 | Alter register and publish notification | None | Not stated |
| 105 | Re-classification after Nice amendment | TM-P | Not stated |
Need help with an alteration or re-classification?
The three-month window and the two-month counterstatement are firm in the text, and an abandoned application cannot be revived by the rule. TaxClue's trademark registration practice can prepare the alteration papers, watch the Journal for opposition and prepare the re-classification request.
Key takeaways
- The Registrar may publish an alteration application in the Journal before deciding, if it appears expedient (rule 103(1)).
- Any person may oppose in Form TM-O within three months of the advertisement; the proprietor must file a counterstatement within two months of receiving the copies, or the application is deemed abandoned (rule 103(2)).
- Where there is no opposition, the Registrar decides after hearing the applicant if he so desires (rule 103(3)).
- An allowed alteration is entered in the register and notified in the Journal with the altered mark (rule 104).
- A proprietor may apply in Form TM-P to convert a specification after a Nice amendment; approved changes are advertised before the register is modified (rule 105).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 101–102: Alteration of address and alteration of registered trademark
- Rule 106: Refusal of registration conflicting with a geographical indication
- Classification of Goods and Services: Nice 45 Classes
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.