Rules 121 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.
Three short rules govern what anyone can see at the Trade Marks Registry, how to get an official copy, and how the Registrar publishes the international non-proprietary names that cannot be registered as marks. Rule 121 covers inspection, rule 122 certified copies (with an expedited option), and rule 123 the publication of World Health Organisation names.
The documents mentioned in section 148(1) are open to inspection at the appropriate office on payment of the First Schedule fee, on all working days and at times fixed by the Registrar (rule 121). The Registrar may issue certified copies of register entries, section 148(1) documents, decisions or orders, and certain certificates on a request in Form TM-M with the fee (rule 122). An expedited certified copy can be furnished within seven working days on a Form TM-M request with the fee. The Registrar publishes in the Journal the words declared by the WHO as international non-proprietary names (rule 123).
The Act behind the rules
Sections 147 and 148 deal with indexes and documents open to public inspection; see our article on Sections 147–148. Rule 123 refers to section 13(b); see Sections 13–14. If you need a certified copy of your own registration or of someone else's file, our trademark registration team can request it for you and read it with you.
Rule 121: inspection of documents
"The documents mentioned in sub-section (1) of section 148 shall be available for inspection at the appropriate office of the Trade Mark Registry on payment of the fee mentioned in First Schedule on all working days and at such times as may be fixed by the Registrar."
| Element | Text of rule 121 |
|---|---|
| What | The documents mentioned in section 148(1) |
| Where | The appropriate office of the Trade Mark Registry |
| When | "all working days and at such times as may be fixed by the Registrar" |
| Fee | The fee mentioned in the First Schedule |
The rule does not list the documents; section 148(1) does, and the reader should consult the Act. It also does not say that inspection is limited to certain persons, so the plain reading is that the documents are open to the public on payment of the fee. Entry 13 of the First Schedule lists "inspection of document" among the matters on which a fee of Rs 1,000 (physical filing) or Rs 900 (e-filing) is payable in Form TM-M (as notified in 2017; check the current Schedule).
Rule 122: certified copies
"The Registrar may, on request being made in Form TM-M along with fees mentioned in First Schedule, furnish certified copies of any entry in the register or of any documents referred to in sub-section (1) of section 148 or of any decision or order of the Registrar, or of a certificate other than a certificate under sub-section (2) of section 23 as to any entry, matter or thing which he is authorised or required by the Act or the rules to make."
What can be certified:
- any entry in the register;
- any document referred to in section 148(1);
- any decision or order of the Registrar; and
- a certificate, other than the section 23(2) certificate (the registration certificate), about any entry, matter or thing the Registrar is authorised or required to make.
The carve-out for the section 23(2) certificate is worth noting: a certified copy of the registration certificate is not provided under this rule. The text does not say what route is used for that certificate; the First Schedule mentions a "Duplicate Registration Certificate" in entry 13, and our post on the trademark registration certificate gives the background.
The expedited proviso
"Provided that the Registrar may furnish an expedited certified copies of the documents aforementioned within seven working days on a request in Form TM-M received to that effect on payment fees as specified in First Schedule."
- The expedited copy is within seven working days.
- It is on a request in Form TM-M for that purpose.
- It requires payment of the fee as specified in the First Schedule. Entry 16 of the Schedule covers "request for an expedited certificate of the Registrar (other than a certificate under section 23(2) of the Act) or certified copies of the documents under proviso to rule 122" at Rs 5,000 for physical filing and Rs 4,500 for e-filing, "for entry in respect of each registered trademark or for each document" (as notified in 2017; check the current Schedule).
- The word is "may": the expedited copy is at the Registrar's discretion.
The Explanation
"A certified copy of any record available digitally with the Registrar shall be a duly certified copy of that record." So a copy produced from a digital record counts as a certified copy. The rule does not describe the format, signature or portal.
Drafting note: the proviso reads "an expedited certified copies"; the plural is evident.
An invented example: Brightlane Tools is in a dispute and needs an official copy of the Registrar's order on its opponent's application. It files Form TM-M with the fee. If it needs the copy for a hearing within the next fortnight, it asks for the expedited copy, which the proviso allows within seven working days.
Rule 123: international non-proprietary names
"The Registrar shall from time to time publish in the Journal, the words which are declared by the World Health Organisation as international non-proprietary names referred to in sub-section (b) of section 13."
- Duty: "shall ... publish", and "from time to time", so the list is updated as the WHO declares new names.
- Where: the Journal.
- What: words "declared by the World Health Organisation as international non-proprietary names".
- Source: section 13(b) of the Act, which is why the site's article on Sections 13–14 is the place to read the effect on registration.
The rule does not itself say what consequence follows for a mark that uses such a word; that is the Act's concern. It also states no fee, since it is a publication duty of the Registrar.
Rules 121 to 123 at a glance
| Rule | Subject | Form | Fee | Time |
|---|---|---|---|---|
| 121 | Inspection of s.148(1) documents | None named | First Schedule | All working days, at times fixed by the Registrar |
| 122 | Certified copies | TM-M | First Schedule | Not stated for ordinary copies |
| 122 proviso | Expedited certified copies | TM-M | First Schedule (entry 16 as notified in 2017) | Within seven working days |
| 123 | WHO international non-proprietary names | Not applicable | Not applicable | From time to time |
Need help getting records?
Whether you are checking a competitor's file or collecting papers for a hearing, a clean request saves weeks. TaxClue's trademark registration practice can inspect the file, request certified copies and advise on the expedited route.
Key takeaways
- Section 148(1) documents are open to inspection at the appropriate office on payment of the First Schedule fee, on all working days (rule 121).
- Certified copies of register entries, documents, decisions, orders and certain certificates are issued on Form TM-M with the fee (rule 122).
- The Registrar may furnish an expedited certified copy within seven working days on a Form TM-M request with the fee.
- A digitally held record, certified, is a duly certified copy (Explanation to rule 122).
- The Registrar publishes WHO international non-proprietary names in the Journal from time to time (rule 123).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rule 120: Form of affidavits
- Rule 124: Determination of well-known trademark by the Registrar
- Trademark Registration Certificate: Rights and Duration
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.