Rules 136 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 III of the Rules covers certification trademarks, the marks that show goods or services meet a defined standard. Rule 136 says how Part I applies, rule 137 sets out the application and what the regulations must show about the certifier, and rule 138 requires a statement of case.
The provisions of Part I apply to certification trademarks only subject to Part III (rule 136). An application under section 71(1) is made in Form TM-A with the draft regulations; references to acceptance in Part I are read as authorisation to proceed (rule 137(1), (2)). The regulations must specify nine items, including the applicant's competence to administer the scheme, its financial arrangement, an undertaking of non-discrimination, the characteristic the mark will certify and how use will be monitored in India (rule 137(4)). The applicant files a statement of case with the application (rule 138).
The Act behind the rules
Sections 69 to 78 of the Trade Marks Act, 1999 deal with certification trade marks. See our articles on Sections 69–70 and Sections 71–72, and the overview in certification trade marks under the Act. If your organisation tests or approves products and wants a certification mark, our trademark registration team can structure the application and the regulations.
Rule 136: how Part I applies
"The provisions of Part I of these rules shall, in their application to certification Trade Marks, apply only subject to the provisions of this Part."
The general application rules continue to apply, but where Part III provides otherwise, Part III prevails. Compare rule 130 for collective marks, which names additional parts and contains a drafting slip; rule 136 refers only to Part I.
Rule 137(1): the application
"An application for the registration of a certification trademarks for goods or services under sub-section (1) of section 71 shall be made to the Registrar in Form TM-A along with the draft regulations."
- Form: Form TM-A.
- Section: section 71(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; the fee is for each class and each mark.
Rule 137(2) and (3): authorisation to proceed and address
Authorisation to proceed. "References in Part I of the rules to the acceptance of an application for the registration of a trademark, shall, in their application to certification trademark, be substituted by references to authorisation to proceed with the application." The same substitution applies as in rule 131(2) for collective marks.
Address. "The address in India, if any, of an applicant to register a certification 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."
Rule 137(4): what the regulations must specify
The regulation governing a certification trademark "shall specify, inter alia":
| Item | Content |
|---|---|
| (a) | A description of the applicant |
| (b) | The nature of the applicant's business |
| (c) | The particulars of infrastructure like Research and Development, technical manpower support |
| (d) | The applicant's competence to administer the certification scheme |
| (e) | The applicant's financial arrangement |
| (f) | An undertaking from the applicant that there will be no discrimination of any party if they meet the requirements set down in the regulations |
| (g) | The characteristic which the trademark will indicate in the certified goods or in relation to the rendering of certified services |
| (h) | The manner of monitoring the use of the trademark in India |
| (i) | Such other relevant particulars as may be called for by the Registrar |
The structure differs from the collective mark list in rule 131(4). The collective mark list is about membership and control; the certification list is about the certifier's capacity and integrity:
- (a) to (e) ask who the certifier is and whether it can run a scheme: its business, infrastructure (the rule gives Research and Development and technical manpower as examples), competence and finances.
- (f) is a commitment to open access: anyone who meets the standard in the regulations must be certified, without discrimination.
- (g) says what the mark stands for, such as origin, material, mode of manufacture, quality or accuracy (the rule says only "characteristic"; the examples are illustrations).
- (h) requires a plan for monitoring use in India.
- (i) leaves room for the Registrar to ask for more. The words "inter alia" mean the list is not exhaustive.
An invented example: The Indian Handloom Quality Council, a non-profit testing body, applies for a certification mark HANDLOOM ASSURED. Its regulations describe the Council and its testing laboratory, list its technical staff, state its experience, show its funding, undertake that any weaver meeting the standard will be certified, say that the mark certifies that the cloth is woven on a handloom, and describe annual spot-checks of licensed users. It files Form TM-A with these regulations.
Rule 138: 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."
Unlike rule 132 for collective marks, rule 138 does not say the statement of case must be furnished in duplicate. The text is silent on the number of copies, and this article does not read the collective mark requirement into it.
Collective and certification marks compared
| Point | Collective (rules 130-132) | Certification (rules 136-138) |
|---|---|---|
| Section for the application | 63(1) | 71(1) |
| Form | TM-A with draft regulations | TM-A with draft regulations |
| Acceptance | Read as authorisation to proceed | Read as authorisation to proceed |
| Focus of regulations | Association, members, control of use | Certifier's competence, finances, non-discrimination, characteristic certified, monitoring |
| Statement of case | In duplicate | Not stated to be in duplicate |
| Parts applied | Part I, Part IV and VII (slip in text) | Part I |
Need help with a certification mark?
The regulations are examined for competence and fairness as well as for form. TaxClue's trademark registration practice can draft the nine-part regulations, prepare the statement of case and file Form TM-A.
Key takeaways
- A certification trademark application is made in Form TM-A with draft regulations under section 71(1) (rule 137(1)).
- Part I references to acceptance are read as authorisation to proceed (rule 137(2)).
- The regulations must cover the applicant's description, business, infrastructure, competence, financial arrangement, non-discrimination undertaking, the characteristic certified and monitoring of use in India, plus other particulars the Registrar calls for (rule 137(4)).
- A statement of case goes with the application (rule 138).
- 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 139–141: Certification trademarks, examination, cancellation and regulations
- Certification Trade Marks Under the 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.