Rules 139 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 139 to 141 complete Part III. They apply the ordinary procedure for examination, opposition, registration and renewal to certification marks, say how a certification mark is cancelled or varied, how its deposited regulations are altered, and how the Registrar's consent to an assignment or transmission is sought.
The rules on examination, hearing, opposition, registration and renewal apply to certification trademarks "mutatis mutandis" (rule 139). An application to cancel or vary a certification mark on the grounds in section 77 is made in Form TM-O with particulars of the grounds, and rules 97 to 100 apply (rule 140). The registered proprietor alters the deposited regulations under section 74(2) by Form TM-M; if permitted, it is advertised and rules 42 to 51 govern (rule 141(1)). The Registrar's consent to assignment or transmission under section 43 is sought in Form TM-P (rule 141(2)).
The Act behind the rules
Section 73 deals with opposition and section 74 with regulations; sections 77 and 78 with cancellation and rights; and section 43 with assignment of certification and associated trade marks. See our articles on Sections 73–74, Sections 77–78 and Sections 43–44. The first stage, the application, is in Rules 136–138. If you manage a certification scheme, our trademark registration team can handle these filings.
Rule 139: the ordinary procedure applies
"The provisions related to examination, hearing, opposition, registration and renewal of trademarks shall apply mutatis mutandis in respect of certification trademarks."
This is the same wording as rule 133 for collective marks, and the effect is the same: a certification mark follows the ordinary path from examination to registration and renewal, with the necessary changes (such as "authorisation to proceed" in place of "acceptance" under rule 137(2)). The rule adds no period of its own and does not list the rules it brings in.
Rule 140: cancellation or variation
"An application for cancellation or variation of registration of a certification trademark on any of the grounds mentioned in section 77 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 shall apply mutatis mutandis to further proceedings in the matter."
| Element | Text |
|---|---|
| Subject | Cancellation or variation of registration of a certification trademark |
| Grounds | "any of the grounds mentioned in section 77" |
| Form | Form TM-O |
| Content | Particulars of the grounds |
| Further proceedings | Rules 97 to 100 apply mutatis mutandis |
Points to note:
- The rule offers two remedies, cancellation and variation, and both go the same route.
- The grounds are in the Act (section 77), and the rule does not repeat them.
- The procedure after filing, the copy to the proprietor, a counterstatement, evidence, third-party intervention and own-motion rectification, is that of rules 97 to 100, described in Rules 97–98 and Rules 99–100.
- The First Schedule's entry 2 lists applications "under rule 99, 103, 135, 140" among the matters on which Rs 3,000 (physical filing) or Rs 2,700 (e-filing) is payable for Form TM-O (as notified in 2017; check the current Schedule).
Rule 141(1): alteration of deposited regulations
"An application by the registered proprietor of a certification trademark under sub-section (2) of section 74 to alter the deposited regulation shall be made in Form TM-M and where the Registrar decides to permit such alteration it shall be advertised in the Journal and further proceeding in the matter shall be governed by rules 42 to 51."
| Step | Text |
|---|---|
| Who | The registered proprietor |
| Provision | Section 74(2) |
| Form | Form TM-M |
| If the Registrar decides to permit | The alteration "shall be advertised in the Journal" |
| After that | Further proceeding "governed by rules 42 to 51" (the opposition rules) |
This mirrors rule 134(a) for collective marks. A change in the regulations of a certification mark can be opposed, which gives users and competitors a say before it takes effect. Entry 14 of the First Schedule lists "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).
Note the difference in wording: rule 134(a) says "where the Registrar accepts any such amendment", while rule 141(1) says "where the Registrar decides to permit such alteration". The rules do not state a different result from the difference.
An invented example: The Indian Handloom Quality Council raises its testing standard and needs to change the deposited regulations of HANDLOOM ASSURED. As registered proprietor, it files Form TM-M under section 74(2). The Registrar decides to permit the alteration, advertises it in the Journal, and the opposition rules (rules 42 to 51) then apply to any objection.
Rule 141(2): consent to assignment or transmission
"An application for the consent of the Registrar to the assignment or transmission of a certification trademark under section 43 shall be made in Form TM-P."
- Form: Form TM-P, the same form as for recording an assignment under rule 75.
- Section: section 43, which restricts assignment of certification marks without the Registrar's consent.
- The rule gives no period and no particulars. Entry 8 of the First Schedule lists "Consent of Registrar to the assignment or transmission of a certification trademark under section 43" at Rs 2,000 (physical filing) or Rs 1,800 (e-filing) (as notified in 2017; check the current Schedule).
Because the consent is a separate step, an assignment of a certification mark involves two applications: one for the Registrar's consent under rule 141(2), and one to register the new proprietor under rule 75. The rules do not state the order; the Act and the Registrar's practice should be checked.
The three rules together
| Rule | Subject | Form | Procedure |
|---|---|---|---|
| 139 | Examination, hearing, opposition, registration, renewal | Ordinary forms | Mutatis mutandis |
| 140 | Cancellation or variation (s.77) | TM-O | Rules 97 to 100 |
| 141(1) | Alter deposited regulations (s.74(2)) | TM-M | Advertisement; rules 42 to 51 |
| 141(2) | Consent to assign or transmit (s.43) | TM-P | None stated |
Need help with a certification mark's regulations?
Changing regulations or transferring a certification mark needs the Registrar's permission, and others may object. TaxClue's trademark registration practice can prepare the alteration, handle any opposition and apply for consent under section 43.
Key takeaways
- The ordinary rules on examination, hearing, opposition, registration and renewal apply to certification marks with necessary changes (rule 139).
- Cancellation or variation under section 77 is applied for in Form TM-O, with rules 97 to 100 applying (rule 140).
- Altering the deposited regulations under section 74(2) is applied for in Form TM-M; if permitted, it is advertised and rules 42 to 51 apply (rule 141(1)).
- The Registrar's consent to assignment or transmission under section 43 is sought in Form TM-P (rule 141(2)).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 136–138: Certification trademarks, application and statement of case
- Rules 142–143: Register of trademarks agents and existing agents' code of conduct
- 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.