Rules 130 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.
Part II of the Rules deals with collective trademarks, which are marks owned by an association and used by its members. Rule 130 says which other parts of the Rules apply, rule 131 sets out the application and what the regulations must cover, and rule 132 requires a statement of case in duplicate.
The provisions of Part I, Part IV and VII of the Rules apply to collective trademarks only subject to Part II (rule 130). An application under section 63(1) is made in Form TM-A with the draft regulations; where Part I speaks of acceptance, read authorisation to proceed (rule 131(1), (2)). The regulations must specify, among other things, the association's name and offices, its object, members, conditions of membership, who may use the mark and the applicant's control, conditions of use with sanctions, and the procedure for appeals against use (rule 131(4)). The applicant files a statement of case in duplicate (rule 132).
The Act behind the rules
Sections 61 to 68 of the Trade Marks Act, 1999 deal with collective marks. See our articles on Sections 61–62 and Sections 63–64. For an overview, read collective marks under the Trade Marks Act. If a trade association or cooperative wants a shared mark, our trademark registration team can set up the application and the regulations.
Rule 130: how the rest of the Rules apply
"The provisions of Part I, Part IV, and VII of these rules shall, in their application to collective trademarks, apply only subject to the provisions of this Part."
The rule means that the general procedure rules apply to collective marks, but Part II prevails where it says something different.
Drafting slip: the rule refers to "Part I, Part IV, and VII". In the Rules as printed, Part IV is the part on registration of trademarks agents and Chapter VII of Part I is the chapter on rectification and correction of the register. The sense is therefore unclear, and this article reads the rule as saying that the general procedure rules apply subject to Part II, without trying to resolve which parts are meant. Readers should check the official text.
Rule 131(1): the application
"An application for the registration of a collective trademark for goods or services under sub-section (1) of section 63 shall be made to the Registrar in Form TM-A along with the draft regulations."
- Form: Form TM-A (the same application form used for ordinary marks).
- Section: section 63(1).
- Draft regulations go with the application.
The First Schedule fee entry 1 covers "Application for registration of a trademark / collective Marks / Certification Mark / Series of trademark" (as notified in 2017; check the current Schedule): Rs 5,000 for physical filing or Rs 4,500 for e-filing where the applicant is an individual, startup or small enterprise, and Rs 10,000 or Rs 9,000 in all other cases, with the note that the fee is for each class and for each mark. An association will usually fall under "all other cases", though that depends on its status, which the Schedule does not elaborate.
Rule 131(2): acceptance becomes authorisation to proceed
"References in Part I of the rules to the acceptance of an application for the registration of a trademark for goods or services, shall, in their application to collective trademark, be substituted by references to authorisation to proceed with the application."
So where Part I says an application is "accepted", for a collective mark it is "authorised to proceed". The change in wording reflects that, for collective marks, the Registrar's first decision is permission to go forward (to advertisement and any opposition) rather than a final acceptance. The rule itself only states the substitution.
Rule 131(3): address in India
"The address in India, if any, of an applicant to register a collective trademark shall be deemed to be the address of his principal place of business in India for all the purposes for which such an address is required by the rules." An association's address in India serves as its principal place of business address for the purposes of the Rules. The words "if any" show that an applicant may have no address in India, in which case the rule has nothing to deem.
Rule 131(4): what the regulations must specify
The regulations governing collective trademarks "shall specify, inter alia":
| Item | Content |
|---|---|
| (a) | The name of the association of persons and their respective office addresses |
| (b) | The object of the association |
| (c) | The details of members |
| (d) | The conditions for membership and relation of each member with the group |
| (e) | The persons authorised to use the trademark and the nature of control the applicant exercises over its use |
| (f) | The conditions governing use of the collective trademark, including sanctions |
| (g) | The procedure for dealing with appeals against the use of the collective trademark |
| (h) | Such other relevant particulars as may be called for by the Registrar |
The words "inter alia" mean the list is not exhaustive. Clause (h) leaves room for the Registrar to ask for more.
Why each item matters in practice:
- (a)-(d) show who the association is and who belongs to it.
- (e) shows who may use the mark and how the applicant controls the use. A shared mark without control would not work.
- (f) sets out conditions of use and sanctions for misuse.
- (g) gives members a route to contest decisions on use, such as a refusal of permission to use the mark.
An invented example: The Kondhwa Millet Growers' Association wants a collective mark KONDHWA MILLETS for its members' produce. Its draft regulations name the association and its office, state its object (promoting members' millet), list members, set the conditions of membership, say that only members in good standing may use the mark under the association's quality control, set out the conditions of use with sanctions such as suspension, and describe an internal appeal against a refusal or suspension. It files Form TM-A with the regulations.
Rule 132: statement of case
"The applicant shall submit to the Registrar along with his application a statement of case setting out the grounds on which he relies in support of his application. Such statement of case shall be furnished in duplicate."
- When: along with the application.
- What: the grounds relied on in support.
- Copies: in duplicate.
The rule does not say what grounds are needed or how long the statement must be.
The three rules together
| Rule | Subject | Form | Copies / time |
|---|---|---|---|
| 130 | Application of other Parts, subject to Part II | None | Not applicable |
| 131(1) | Application with draft regulations | TM-A | Not stated |
| 131(2) | Acceptance read as authorisation to proceed | None | Not applicable |
| 131(4) | Contents of regulations | None | Not applicable |
| 132 | Statement of case | None named | In duplicate, with the application |
Examination, hearing, opposition, registration and renewal for collective marks are in rule 133, covered in Rules 133–135.
Need help with a collective mark?
The regulations are the heart of a collective mark: they decide who uses the mark and on what terms. TaxClue's trademark registration practice can draft regulations that cover each item in rule 131(4), prepare the statement of case and file Form TM-A.
Key takeaways
- Apply for a collective trademark in Form TM-A with draft regulations (rule 131(1)).
- Part I references to acceptance are read as authorisation to proceed (rule 131(2)).
- The regulations must specify the association, object, members, membership conditions, authorised users and control, conditions of use with sanctions, and the appeals procedure, and other particulars the Registrar calls for (rule 131(4)).
- File a statement of case in duplicate with the application (rule 132).
- Rule 130 contains a drafting slip in its list of Parts; check the official text.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 133–135: Collective trademarks, examination, amendment of regulations and removal
- Rules 136–138: Certification trademarks, application and statement of case
- Collective Marks Under the Trade Marks Act
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.