Rules 125 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 125 to 129 close Chapter VIII of the Rules. Rules 125 to 127 speak of appeals to the Intellectual Property Appellate Board and of a certificate of validity granted by it. Rules 128 and 129 deal with returning exhibits and destroying records. The Appellate Board has since been abolished, so the first three rules must be read with care.
As notified in 2017, an appeal to the Intellectual Property Appellate Board lay from any decision of the Registrar within three months from the date of the decision (rule 125), with a copy of every application to the Board served on the Registrar (rule 126). A proprietor holding the Board's certificate of validity under section 141 could ask the Registrar in Form TM-M to note it in the register (rule 127). The Appellate Board was abolished by the Tribunals Reforms Act, 2021 and its work went to the High Court, so these rules are not a description of the current forum. Rules 128 and 129 remain about exhibits (taken back within a time the Registrar specifies, or destroyed) and records (destroyable after one year).
Caution: the Appellate Board is gone
Rules 125, 126, 127 and 129 as notified refer to the Intellectual Property Appellate Board. The Board was abolished by the Tribunals Reforms Act, 2021, and its work passed to the High Court. Do not read these rules as describing a live Board. For the present position, see our articles on the abolition of the Appellate Board and what replaced it and on Section 91: appeals to the High Court. The text of the Rules as notified in 2017 is described below only so that readers of the original Rules can understand it. The three-month period and the other details below are what the 2017 text says; whether the same period applies to a High Court appeal must be checked in the Act and current rules, and this article does not state it.
If you want to challenge a Registrar's decision today, our legal dispute resolution team can explain the present route and the dates.
Rule 125: time for appeal (as notified)
"An appeal to the Intellectual Property Appellate Board from any decision of the Registrar under the Act or the rules shall be made within three months from the date of such decision."
- Scope: any decision of the Registrar under the Act or the rules.
- Period: three months from the date of the decision, not from receipt.
- The rule gives no extension mechanism and names no form or fee.
Rule 126: service on the Registrar (as notified)
"A copy of every application to Intellectual Property Appellate Board under the Act shall be served on the Registrar." The duty fell on the applicant to the Board. It covers "every application", not only appeals. The Registrar's role in court proceedings is also dealt with in the Act; see Sections 97–98.
Rule 127: noting a certificate of validity (as notified)
"Where the Intellectual Property Appellate Board has certified as provided in section 141 with regard to the validity of a registered trademark the registered proprietor thereof may request the Registrar in Form TM-M to add to the entry in the register a note that the certificate of validity has been granted in the course of the proceedings, particulars of which shall be given in the request. An officially certified copy of the certificate shall be sent with the request, and the Registrar shall record a note to that effect in the register and publish the note in the Journal."
| Element | Text |
|---|---|
| Who | The registered proprietor |
| Form | Form TM-M |
| Content | Particulars of the proceedings in which the certificate was granted |
| Attachment | An officially certified copy of the certificate |
| Registrar's duty | Record a note in the register and publish it in the Journal |
Section 141 is explained in our article on Section 141. The First Schedule (entry 13) lists "Enter in the register and advertise a note of certificate of validity under rule 127" among the matters at Rs 1,000 (physical filing) or Rs 900 (e-filing) (as notified in 2017; check the current Schedule).
Rule 128: return of exhibits
Unlike rules 125 to 127, rule 128 does not mention the Board.
Sub-rule (1). "Where the exhibits produced in any matter or proceeding under the Act or the rules are no longer required in the Trade Marks Registry, the Registrar may call upon the party concerned to take back the exhibits within a time specified by him and if the party fails to do so, such exhibits shall be destroyed."
Sub-rule (2). "Where, before the notified date any exhibits have been produced in any proceeding, the Registrar may, if satisfied that it is no longer necessary to retain them call upon the party concerned to take back the exhibits within a time specified by him and if the party fails to do so, such exhibit shall be destroyed."
| Point | Sub-rule (1) | Sub-rule (2) |
|---|---|---|
| Which exhibits | Those produced in any matter or proceeding, no longer required | Those produced before the notified date in any proceeding |
| Test | No longer required in the Registry | The Registrar is satisfied that it is no longer necessary to retain them |
| Power | May call upon the party to take them back within a time specified | Same |
| Consequence | If the party fails, "such exhibits shall be destroyed" | Same |
The "notified date" is the date defined in rule 2 (covered in our articles on the definitions). The Rules give no fixed period for taking back exhibits; the Registrar's notice specifies it. A party that has filed original documents as exhibits should watch for such a notice, because failure to collect them results in destruction.
Rule 129: destruction of records
"Where an application for the registration of a trademark has been withdrawn or abandoned or refused or a trademark has been removed from the register or in an opposition or rectification proceeding the matter has been concluded and no appeal is pending before the Intellectual Property Appellate Board, the Registrar may, at the expiration of one years after the application is withdrawn or is abandoned or is refused or after the trademark is removed from the register or the opposition or rectification proceeding is closed, as the case may be, destroy all or any of the records relating to the application, opposition or rectification or the trademark concerned."
| Trigger | Starting point of the one year |
|---|---|
| Application withdrawn, abandoned or refused | The date of withdrawal, abandonment or refusal |
| Trademark removed from the register | The date of removal |
| Opposition or rectification proceeding concluded | The date the proceeding is closed |
| Condition in every case | No appeal pending before the Intellectual Property Appellate Board |
- The Registrar "may" destroy: it is a power, not a duty.
- It covers "all or any" of the records.
- Drafting note: the text says "one years". The period is one year.
- The reference to an appeal "pending before the Intellectual Property Appellate Board" is another place where the Board's abolition matters: the condition now has to be read against the forum that hears appeals today, which the Rules as notified do not describe.
An invented example: Larkspur Cosmetics' application for LARKSPUR GLOW is refused, and Larkspur does not appeal. A year after the refusal, the Registrar may destroy the records. Under rule 128, if Larkspur had filed original brand samples as exhibits, the Registrar could first call upon it to take them back within a stated time.
Rules 125 to 129 at a glance
| Rule | Subject | Time | Form | Status of forum |
|---|---|---|---|---|
| 125 | Appeal to the Board | Three months from the decision (as notified) | None named | Board abolished by Tribunals Reforms Act, 2021 |
| 126 | Serve copy on Registrar | Not stated | None | Board abolished |
| 127 | Note of certificate of validity | Not stated | TM-M | Board abolished; check current practice |
| 128 | Return of exhibits | Time specified by the Registrar | None | No Board reference |
| 129 | Destruction of records | One year after closure | None | Board referred to as to pending appeals |
Need help with an appeal or records issue?
Appeal periods are short and the forum has changed since these Rules were notified. TaxClue's legal dispute resolution practice can check the present route for your Registrar's decision, the time limit and the papers you must serve.
Key takeaways
- As notified in 2017, an appeal to the Appellate Board lay within three months from the date of the Registrar's decision (rule 125); the Board was abolished by the Tribunals Reforms Act, 2021 and its work went to the High Court.
- A copy of every application to the Board had to be served on the Registrar (rule 126).
- A proprietor could ask in Form TM-M to have a certificate of validity noted in the register and the Journal (rule 127).
- The Registrar may require exhibits to be taken back within a specified time, failing which they are destroyed (rule 128).
- The Registrar may destroy records one year after an application is withdrawn, abandoned, refused, a mark is removed, or a proceeding is closed, if no appeal is pending (rule 129).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rule 124: Determination of well-known trademark by the Registrar
- Rules 130–132: Collective trademarks, application and case
- Section 91: Appeals to the High Court
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.