Rules 116 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.
Costs in Registry proceedings are set by three short rules and one table. Rule 116 deals with parties who do not contest an opposition, rule 117 carves out certain fees and stamps, and rule 118 caps the costs the Registrar may award by the scale in the Fourth Schedule. This article describes all four as printed in 2017.
The Registrar may impose costs on an applicant who does not contest an opposition after reasonable notice from the opponent, and on an opponent who does not contest after the applicant's counterstatement, "as may be specified" in the Fourth Schedule (rule 116). Fees and stamps on affidavits follow the event (rule 117). In all proceedings the Registrar may award reasonable costs not exceeding the Fourth Schedule amount (rule 118). As notified in 2017, the Schedule lists seven entries, such as Rs 1,000 for a day's hearing with examination of witnesses and Rs 10,000 for not contesting an opposition (check the current Schedule).
The Act behind the rules
Costs before the Registrar rest on section 129 of the Trade Marks Act, 1999, covered with evidence before the Registrar in Sections 129–130. Opposition itself is explained in Section 21. Rules 116 to 118 do not themselves name section 129; they speak only of costs before the Registrar.
If you are opposing or defending a mark and want to understand your exposure to costs, our trademark opposition team can explain how the scale applies.
Rule 116: costs in uncontested cases
Sub-rule (1): the applicant who does not contest
"Where a reasonable notice has been given to an applicant by the opponent before filing the notice of opposition and the applicant fails to contest the opposition, the Registrar may impose such costs on the applicant as may be specified in Forth Schedule."
Three conditions are packed in: (a) the opponent gave the applicant reasonable notice before filing the notice of opposition; (b) the applicant fails to contest the opposition; and (c) the Registrar may (not must) impose costs, as specified in the Fourth Schedule.
Sub-rule (2): the opponent who does not contest
"Where an opposition has been filed and the opponent fails to contest the proceedings after the applicant has filed counter statement, the Registrar may impose such costs on the opponent as may be specified in Forth Schedule."
Here the sequence is: opposition filed, counterstatement filed, then the opponent drops out. The rule is mirror-like, with the same discretion.
Drafting note: both sub-rules print "Forth Schedule"; the Schedule itself is headed "THE FORTH SCHEDULE". It is the Fourth Schedule.
An invented example: Meridian Foods writes to Hawthorn Snacks before filing, objecting to the mark HAWTHORN CRISP. Meridian then files notice of opposition. Hawthorn files no counterstatement and does not contest. Under rule 116(1) the Registrar may impose costs on Hawthorn as the Fourth Schedule specifies. (Whether the lapse leads to abandonment of the application is governed by the opposition rules, not by rule 116.)
Rule 117: the exception
"Notwithstanding anything in rule 116, costs in respect of fees specified under entries, 10 and 11 of the First Schedule and of all stamps used on and affixed to affidavits used in the proceedings shall follow the event."
In plain terms, two kinds of expense are treated differently: the fees under the named First Schedule entries and stamps on affidavits "shall follow the event", meaning they are borne by the losing side. The rule does not define "the event".
Drafting slip: rule 117 refers to "entries, 10 and 11 of the First Schedule". In the First Schedule as notified, entry 10 is the registered user fee (Form TM-U) and entry 11 is the fee for a search request (Form TM-C), neither of which is an opposition fee. The opposition fee is entry 2. The reference looks like a carry-over from the numbering of earlier Rules. This article reports the text as printed and does not correct it.
Rule 118: scale of costs
"Subject to the provisions of rules 116 and 117, in all proceedings before the Registrar, he may, save as otherwise expressly provided by the Act, award such costs, not exceeding the amount admissible thereof under the Forth Schedule, as he considers reasonable having regard to all the circumstances of the case."
- Scope: "in all proceedings before the Registrar".
- Discretion: the Registrar "may" award costs.
- Test: costs the Registrar "considers reasonable having regard to all the circumstances of the case".
- Cap: not exceeding the amount admissible under the Fourth Schedule.
- Priority: subject to rules 116 and 117.
The Fourth Schedule as printed
The Schedule is headed "Scale costs allowable of in rule 118 proceedings before the Registrar" at its foot, and has three columns: entry number, matter in respect of which costs are to be awarded, and amount in rupees. The following is as notified in 2017; check the current Schedule.
| Entry | Matter | Amount (Rs) as printed |
|---|---|---|
| 1 | For one day's hearing involving examination of witnesses | 1,000 |
| 2 | For one day's hearing when there is no examination of witnesses | 500 |
| 3 | For adjournment of hearing granted on the petition of any party | Rs. 1000 plus cost for re-summoning (the printed text continues "were due to be examined on the day"; the line is broken in the source) |
| 4 | For striking out scandalous matter from an affidavit | 5,000 |
| 5 | For not contesting the Opposition proceeding by the applicant if opposition filed after reasonable notice | 10,000 |
| 6 | For not contesting the Opposition proceeding by the opponent after filing of the Counter statement in the opposition proceedings | 10,000 |
| 7 | For attendance of witnesses | 1000 (see note below); subsistence allowance and travelling allowance as described |
For entry 7, the Schedule prints that the subsistence allowance and travelling allowance for a witness are "The fare by rail or steamer for the first class or the second class each way and if there is no rail or steamer communication Rs. 50 or Rs. 20 per km. depending upon the rank and status of the witness." The note says the rates "shall vary according to the status of the witness subject to the maximum prescribed above".
Entries 5 and 6 match rule 116(1) and (2). Entry 3 is the cost of an adjournment granted on a party's petition; rule 50(2) allows up to two adjournments of not more than thirty days each, and the Fourth Schedule entry fixes the cost heading. The entry's last words are cut in the source and should be read in the official gazette.
Putting it together
| Rule | Who pays | When | Limit |
|---|---|---|---|
| 116(1) | Applicant | Fails to contest after reasonable notice from opponent | As specified in Fourth Schedule (entry 5) |
| 116(2) | Opponent | Fails to contest after counterstatement | As specified in Fourth Schedule (entry 6) |
| 117 | Losing side ("follow the event") | Fees under the entries cited, and affidavit stamps | Not capped by the rule |
| 118 | Party ordered | Any proceeding before the Registrar | Reasonable, not above the Fourth Schedule |
Need help with a contested opposition?
Costs can be modest, but a failure to contest can end the case. TaxClue's trademark opposition practice can advise on whether to contest, prepare the counterstatement and keep the notice and deadlines on track.
Key takeaways
- The Registrar may impose costs on an applicant or opponent who fails to contest an opposition (rule 116).
- Fees under the cited First Schedule entries and affidavit stamps follow the event (rule 117), though the entry numbers cited look like a slip.
- All costs awarded by the Registrar must be reasonable and not above the Fourth Schedule (rule 118).
- As notified in 2017: Rs 1,000 or Rs 500 per day of hearing, Rs 5,000 for scandalous matter, Rs 10,000 for not contesting; check the current Schedule.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 114–115: Opinion of the Registrar under section 115(4) and hearings
- Rule 119: Review of the Registrar's decision
- Trademark Opposition: How to File and Defend
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.