Rules 133 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.
Once a collective trademark application is filed (rules 130 to 132), three further rules govern what follows: the ordinary rules on examination, opposition, registration and renewal apply with necessary changes (rule 133); the registered proprietor can amend the regulations or renew the mark (rule 134); and anyone can apply to remove the mark (rule 135).
The rules on examination, hearing, opposition, registration and renewal apply to collective trademarks "mutatis mutandis" (rule 133). An amendment of the regulations under section 66 is applied for by the registered proprietor in Form TM-M; if the Registrar accepts it, it is advertised in the Journal and rules 42 to 51 govern what follows (rule 134(a)). A collective mark may be renewed from time to time, with rules 57 to 61 applying (rule 134(b)). An application to remove a collective mark is made in Form TM-O with particulars of the grounds, and rules 97 to 100 apply (rule 135).
The Act behind the rules
Section 65 deals with inspection of regulations and section 66 with their amendment; section 67 with proceedings for infringement and section 68 with removal. See our articles on Sections 65–66 and Sections 67–68. The first stage, filing the application with draft regulations, is explained in Rules 130–132. If your association already holds a collective mark and needs to change its rules of use, our trademark registration team can prepare the Form TM-M application.
Rule 133: the general procedure applies
"The provisions related to examination, hearing, opposition, registration and renewal of trademarks shall apply mutatis mutandis in respect of collective trademarks."
"Mutatis mutandis" means "with the necessary changes". The rule does not list the rules concerned. For collective marks, the read-across is therefore to the rules on examination and objections (see Rule 33), hearings, advertisement and opposition (rules 39 to 51), registration (rules 52 to 56) and renewal (rules 57 to 61), with the changes that Part II itself makes, such as "authorisation to proceed" in place of "acceptance" under rule 131(2).
The rule is a short cross-reference, and its practical effect is that a collective mark follows the ordinary path to registration. It adds no new time limits.
Rule 134(a): amendment of regulations
"An application by the registered proprietor of a collective trademark for any amendment to the regulation under Section 66 shall be made in Form TM-M and where the Registrar accepts any such amendment he shall advertise, such application in the Journal and further proceedings in the matter shall be governed by rules 42 to 51."
| Step | Text |
|---|---|
| Who | The registered proprietor of the collective trademark |
| Form | Form TM-M |
| Subject | Amendment of the regulation under section 66 |
| If the Registrar accepts | He "shall advertise" the application in the Journal |
| After advertisement | "further proceedings ... governed by rules 42 to 51" |
Rules 42 to 51 are the opposition rules (notice of opposition, counterstatement, evidence, hearing, security for costs). So an amendment of regulations can be opposed in the same way as an application, which makes sense because the regulations control who may use the mark. The rule does not state a period for opposition; that is for rule 42. Entry 14 of the First Schedule lists "Deposition of regulation of collective trademark under section 66 or alteration of regulation of certification trademark under section 74(2)" at Rs 2,000 (physical filing) or Rs 1,800 (e-filing) (as notified in 2017; check the current Schedule).
An invented example: The Kondhwa Millet Growers' Association wants to add a new sanction in its regulations: a member who sells outside the quality standard loses the right to use the mark for a season. The registered proprietor files Form TM-M. The Registrar accepts, advertises the application in the Journal, and the opposition rules then apply.
Rule 134(b): renewal
"A collective trademark may be renewed from time to time and the provision of rule 57 to 61 shall apply mutatis mutandis in respect of such request for renewal."
- Renewal is available "from time to time", with no limit on the number of renewals stated.
- The renewal rules, 57 to 61, apply with the necessary changes. Those rules are explained in the articles on rules 57 to 61 in this series.
The text also overlaps with rule 133, which already mentions renewal. The two rules say the same thing in different words; rule 134(b) adds "from time to time" and the specific range of rules.
Rule 135: removal of a collective trademark
"An application for removal of a collective trademark from the register shall be made in Form TM-O and shall set forth particulars of the grounds on which the application is made. The provisions of rule 97 to 100 of these rules shall apply mutatis mutandis for further proceeding in the matter."
| Element | Text |
|---|---|
| Form | Form TM-O |
| Content | Particulars of the grounds |
| Procedure | Rules 97 to 100 apply mutatis mutandis |
| Who may apply | Not stated in the rule |
The rule does not say who may apply or what the grounds are; section 68 of the Act deals with those. Rule 97 itself lists section 68 among the sections under which an application to the Registrar is made in Form TM-O. The procedure that follows (copy to the proprietor, a two-month counterstatement, evidence, and intervention by third parties) is described in Rules 97–98. The First Schedule's entry 2 lists applications "under rule 99, 103, 135, 140" among the matters at Rs 3,000 (physical filing) or Rs 2,700 (e-filing) for Form TM-O, with the note "fee is for each class opposed or counterstatement filed" (as notified in 2017; check the current Schedule).
The three rules together
| Rule | Subject | Form | Cross-reference |
|---|---|---|---|
| 133 | Examination, hearing, opposition, registration, renewal | As in the ordinary rules | Mutatis mutandis |
| 134(a) | Amendment of regulations (s.66) | TM-M | Advertisement; rules 42 to 51 |
| 134(b) | Renewal | As in the renewal rules | Rules 57 to 61 |
| 135 | Removal | TM-O | Rules 97 to 100 |
Need help with a collective mark's life cycle?
A collective mark's regulations change as the association grows, and renewal and removal follow the ordinary rules. TaxClue's trademark registration practice can prepare amendments to regulations, diarise renewals and respond if someone applies to remove the mark.
Key takeaways
- The ordinary rules on examination, hearing, opposition, registration and renewal apply to collective marks with necessary changes (rule 133).
- To amend regulations under section 66, the registered proprietor files Form TM-M; if accepted, it is advertised and rules 42 to 51 apply (rule 134(a)).
- A collective mark may be renewed from time to time under rules 57 to 61 (rule 134(b)).
- Removal is applied for in Form TM-O with particulars of the grounds, and rules 97 to 100 apply (rule 135).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 130–132: Collective trademarks, application and case
- 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.