Rule 119 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 119 is the Registry's own review route. A party who is not satisfied with a decision of the Registrar can ask the Registrar to review it, in Form TM-M, within one month, with a statement of grounds. It implements the Registrar's review power under section 127(c) of the Trade Marks Act, 1999.
An application for review of the Registrar's decision under section 127(c) is made in Form TM-M within one month from the date of the decision, or within a further period not exceeding one month that the Registrar may allow on request, with a statement of the grounds for review. Where the decision concerns another person too, the application and statement are left in triplicate and the Registrar forthwith transmits a copy to that person. After hearing the parties, the Registrar may reject or grant the application, unconditionally or on conditions.
The Act behind the rule
Section 127 lists the powers of the Registrar, including review of his own decisions; see our article on Sections 127–128. Rule 119 turns that power into a procedure. A review is not an appeal: it goes back to the Registrar. For appeals, see the rules on appeals in Rules 125–129.
If you want to challenge a Registrar's order, our trademark hearing and representation team can help you choose between a review and an appeal and meet the dates.
Who files and in what form
The rule says: "An application to the Registrar for the review of his decision under sub-section (c) of section 127 shall be made in Form TM-M".
- Form: Form TM-M, the form for miscellaneous requests.
- To whom: the Registrar, who is asked to review his own decision.
- Source of power: "sub-section (c) of section 127" (printed that way; the Act's provision is clause (c) of section 127).
The rule does not name who may file. Because it speaks of a decision that may concern "any other person in addition to the applicant", the applicant is a person affected by the decision.
The time limit
The application must be made "within one month from the date of such decision or within such further period not exceeding one month thereafter as the Registrar may on request allow".
| Period | Source |
|---|---|
| Basic period | One month from the date of the decision |
| Further period | Not exceeding one month thereafter |
| Condition for the further period | The Registrar allows it "on request" |
Three points.
- The month runs from the date of the decision, not from the date of receiving it. Anyone who gets the order late loses time.
- The further period is at the Registrar's discretion and is capped at one month. Together the outer limit is two months from the date of the decision.
- Rule 109 (general extension of time, up to one month, Form TM-M) leaves out "a time for the extension of which provision is made in the rules". Rule 119 has its own extension, so the safer reading is that the rule 119 extension, not rule 109, is the route here; neither rule says so in terms.
What goes with the application
The application "shall be accompanied by a statement setting forth the grounds on which the review is sought". Without grounds the application is incomplete. The rule gives no format or length. A statement should identify the decision, the date, and the reason it should be reviewed.
Copies where others are affected
"Where the decision in question concerns any other person in addition to the applicant, such application and statement shall be left in triplicate and the Registrar shall forthwith transmit a copy each of the application and statement to the other person concerned."
| Step | Text |
|---|---|
| Triplicate | Application and statement left in three copies |
| Transmission | The Registrar "forthwith" sends a copy of each to the other person concerned |
The purpose is to let the other person know and respond. The rule does not give that person a time for a reply; the Registrar's hearing notice would deal with it.
The decision on the review
"The Registrar may, after giving the parties an opportunity of being heard, reject or grant the application, either unconditionally or subject to any conditions or limitations, as he thinks fit."
- A hearing is mandatory: the Registrar acts "after giving the parties an opportunity of being heard".
- The outcomes: reject, or grant unconditionally, or grant subject to conditions or limitations.
- The rule does not describe the effect of a granted review, for example whether the earlier order is recalled or modified. The text is silent on that.
An invented example: A decision refusing the mark ZENBLOOM is issued on 3 June. Zenbloom's representative believes a document filed earlier was overlooked. On 20 June it files Form TM-M under rule 119 with a statement of grounds. The decision affects only Zenbloom, so triplicate copies are not needed. The Registrar hears Zenbloom and decides.
Another example: Where the decision was an opposition decision, it concerns the opponent too; the application and statement are left in triplicate and the Registrar sends a copy to the opponent.
Fee and form
Entry 15 of the First Schedule lists "Review of Registrar's decision" together with interlocutory petitions and matters not covered in other TM forms, at Rs 3,000 for physical filing and Rs 2,700 for e-filing (as notified in 2017; check the current Schedule). Rule 119 itself states no fee. The Schedule is explained in the article on the First Schedule in this series.
Rule 119 at a glance
| Question | Answer |
|---|---|
| Form | TM-M |
| Section | 127(c) |
| Time | One month from the date of the decision, plus up to one month more on request |
| What goes with it | Statement of grounds; triplicate if another person is concerned |
| Hearing | Parties are given an opportunity of being heard |
| Outcome | Reject, or grant unconditionally or with conditions or limitations |
Need help with a review?
A review has a short fuse and no second chance on timing. TaxClue's trademark hearing and representation practice can check the dates, draft the statement of grounds and appear at the hearing.
Key takeaways
- Apply for review in Form TM-M within one month from the date of the decision, or within a further period of not more than one month if the Registrar allows (rule 119).
- Attach a statement of the grounds; leave copies in triplicate where another person is concerned.
- The Registrar hears the parties, then rejects or grants, with or without conditions.
- This is a review by the Registrar, not an appeal.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 116–118: Costs in uncontested cases, exception and scale of costs
- Rule 120: Form of affidavits
- Trademark Hearing Preparation: Documents and Arguments
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.