Rules 144 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 144 and 145 answer two questions: who is qualified to be registered as a trademarks agent, and who is barred. Together they set an entry test (citizen, age, education or profession, fitness) and a list of seven disqualifications. This article reads both as printed in 2017.
A person is qualified if he is a citizen of India, at least 21 years old, and either a graduate (or equivalent) who has passed the rule 148 examination, or an Advocate within the Advocates Act, 1961, or a member of the Institute of Company Secretaries of India, and is considered by the Registrar a fit and proper person (rule 144). He is not eligible if he is of unsound mind, an undischarged insolvent, a discharged insolvent without the required certificate, convicted of a serious offence (unless pardoned or the disability removed), held guilty of professional misconduct as a legal practitioner, or of negligence or misconduct as a chartered accountant, or held guilty of misconduct as a registered agent (rule 145).
The Act behind the rules
Section 145 of the Trade Marks Act, 1999 provides for trade mark agents; see Sections 145–146. The register is described in Rules 142–143. If you are considering registering as an agent or wish to understand what qualifications an agent acting for you must hold, our legal consultation team can explain Part IV.
Rule 144: qualifications
"Subject to the provisions of rule 145, a person shall be qualified to be registered as a trademarks agent if he" meets all of the following, which are joined by "if he ... is" and appear as a list of four limbs:
| Limb | Requirement |
|---|---|
| (i) | Is a citizen of India |
| (ii) | Is not less than 21 years of age |
| (iii) | Is a graduate of any university in India or possesses an equivalent qualification and has passed the examination prescribed in rule 148, or is an Advocate within the meaning of the Advocates Act, 1961 (25 of 1961), or is a member of the Institute of Company Secretaries of India |
| (iv) | Is considered by the Registrar as a fit and proper person to be registered as a trademark agent |
Reading limb (iii)
Limb (iii) offers three routes to the educational or professional qualification:
- Graduate or equivalent, plus the examination. A graduate of any university in India, or a person with an "equivalent qualification", who has passed the examination prescribed in rule 148 (the examination in Trade Marks Law and practice).
- Advocate. An Advocate within the meaning of the Advocates Act, 1961.
- Company Secretary. A member of the Institute of Company Secretaries of India.
Notice the structure: the examination requirement is attached to the first route only in the text. An advocate or a company secretary is qualified under limb (iii) without the rule 148 examination, as the sentence is printed. The rule does not say that those persons must sit the examination. The rule does not define "equivalent qualification" or say who decides what is equivalent.
Notice also that chartered accountants are not listed among the qualifying professionals in limb (iii), although rule 145(vi) mentions chartered accountants among those who may be debarred. A chartered accountant who is also a graduate qualifies under the first route by passing the examination; the rule does not give chartered accountants a separate route.
Reading limb (iv)
"Considered by the Registrar as a fit and proper person" gives the Registrar a judgment. The rule does not list factors or a procedure for forming that opinion. The disqualifications in rule 145 are the express bars; limb (iv) is a general test on top of them.
An invented example: Meera Joshi is a 30-year-old Indian citizen with a commerce degree. She passes the rule 148 examination and the Registrar considers her fit and proper. She meets rule 144. Her colleague Arvind Rao, a 35-year-old Advocate, meets limb (iii) by his enrolment as an Advocate, and also needs limbs (i), (ii) and (iv).
Rule 145: persons debarred
"A person shall not be eligible for registration as a trademarks agent if he":
| Clause | Disqualification |
|---|---|
| (i) | Has been adjudged by a competent Court to be of unsound mind |
| (ii) | Is an undischarged insolvent |
| (iii) | Being a discharged insolvent, has not obtained from the court or appropriate forum a certificate that his insolvency was caused by misfortune without any misconduct on his part |
| (iv) | Has been convicted by a competent court or appropriate forum, whether within or outside India, of an offence punishable with transportation or imprisonment, unless the offence has been pardoned, or unless on his application the Central Government by order has removed the disability |
| (v) | Being a legal practitioner, has been held guilty of professional misconduct by any High Court in India |
| (vi) | Being a chartered accountant, has been held guilty of negligence or misconduct by a High Court |
| (vii) | Being a registered trademarks agent, has been held guilty of professional misconduct by the Registrar |
Observations:
- Clause (iv) is the widest: it reaches a conviction "within or outside India" for an offence "punishable with transportation or imprisonment". The rule does not say how long the disability lasts; it ends only if the offence is pardoned or the Central Government removes the disability by order on the person's application.
- Clauses (v) and (vi) bar those held guilty of professional misconduct (legal practitioners, by a High Court) or of negligence or misconduct (chartered accountants, by a High Court). The finding must come from the body named.
- Clause (vii) applies to a person who is already a registered agent and has been held guilty of professional misconduct by the Registrar.
- The same list of disabilities in clauses (i) to (vii) is used in rule 151(2)(a) for removal from the register, so a person who becomes subject to any of them after registration may be removed (see the article on Rules 150–153).
Drafting note: the heading and the opening words refer to "registration as a trademarks agent"; rule 144(iv) speaks of "trademark agent" in the singular. The terms mean the same.
Rules 144 and 145 at a glance
| Question | Answer |
|---|---|
| Who may register? | Indian citizen, 21 or above, qualified under limb (iii), fit and proper |
| Qualifying routes | Graduate or equivalent with rule 148 examination; Advocate; member of ICSI |
| Who is barred? | Persons within clauses (i) to (vii) of rule 145 |
| Who decides fitness? | The Registrar |
| Can a disability be removed? | For a conviction under clause (iv), by pardon or by Central Government order on application |
Need help with agent registration?
Eligibility turns on small details such as which qualification you rely on and whether any disqualification applies. TaxClue's legal consultation team can check your position against rules 144 and 145 and explain the next steps in Part IV.
Key takeaways
- A trademarks agent must be an Indian citizen, at least 21, qualified by graduation with the rule 148 examination, or as an Advocate, or as a member of the Institute of Company Secretaries of India, and fit and proper in the Registrar's view (rule 144).
- Seven grounds bar registration, from unsoundness of mind and insolvency to convictions and professional misconduct (rule 145).
- The same list of disabilities appears in the rule on removal from the register (rule 151(2)(a)).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 142–143: Register of trademarks agents and existing agents' code of conduct
- Rules 146–149: Agent's application, procedure, qualifying requirements and certificate
- How to Register a Trademark in India
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.