Rules 146 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 146 to 149 are the step-by-step path to becoming a registered trademarks agent. Rule 146 says where and in how many copies the application goes, rule 147 names the form, rule 148 sets the examination, and rule 149 provides for enrolment and the certificate.
All applications under Part IV are made in duplicate and sent to the Registry office within whose territorial limits the applicant's principal place of business is situated (rule 146). A person wanting registration applies in Form TM-G and furnishes further information the Registrar asks for (rule 147). If satisfied about the qualifications, the Registrar appoints a date for an examination in Trade Marks Law and practice; qualifying marks are as advertised (rule 148). If the applicant is eligible and qualified under rule 144, the Registrar enrols him after payment of the prescribed fee and issues a certificate in Form RG-4; the registration subsists till the end of the financial year of registration (rule 149).
The Act behind the rules
Section 145 of the Trade Marks Act, 1999 is the Act's provision on agents; see Sections 145–146. The eligibility conditions for the application are in Rules 144–145. If you plan to apply, our legal consultation team can walk through the application and the examination stage.
Rule 146: where and how to apply
"All applications under the provisions of this Part shall be made in duplicate and shall be sent to or submitted at that office of the Trade Marks Registry within whose territorial limits the principal place of business of the applicant is situate."
- Scope: "All applications under the provisions of this Part", so it covers not only the first application but also restoration (rule 153) and alteration (rule 154) applications.
- Copies: in duplicate.
- Office: the Registry office within whose territorial limits the applicant's principal place of business is situated. The rule does not say how the offices' territorial limits are fixed; see the Rules on jurisdiction (rules 5 to 7).
Rule 147: the application
Sub-rule (1). "Every person desiring to be registered as a trademarks agent shall make an application in Form TM-G."
Sub-rule (2). "The applicant shall furnish such further information bearing on his application as may be required of him at any time by the Registrar."
Sub-rule (2) is open-ended: the Registrar may ask for further information "at any time" and the rule sets no period for the reply. The First Schedule fee entry 19 covers "application for registration of a person as a trademark agent under rule 147 & 149" in Form TM-G at Rs 5,000 for physical filing or Rs 4,500 for e-filing (as notified in 2017; check the current Schedule).
Rule 148: procedure and the examination
Sub-rule (1). "On receipt of an application for the registration of a person as a trademarks agent, the Registrar, if satisfied that the applicant fulfils the prescribed qualifications, shall appoint a date in due course on which the candidate will appear for examination in Trade Marks Law and practice."
Sub-rule (2). "The qualifying marks for the examination shall be as advertised by the Registrar."
| Point | Text |
|---|---|
| Trigger | Receipt of an application |
| Registrar's check | He is satisfied that the applicant fulfils the prescribed qualifications |
| Result | The Registrar "shall appoint a date in due course" for the examination |
| Subject | Trade Marks Law and practice |
| Pass mark | As advertised by the Registrar |
Observations:
- The date is to be appointed "in due course": the rule gives no time limit.
- The rule does not describe the syllabus, the format or the fee for the examination; the text is silent on those.
- The examination is relevant to the graduate route in rule 144(iii). The rule does not say whether an Advocate or a company secretary sits it; as noted in the article on Rules 144–145, the printed text attaches the examination to the graduate route.
Rule 149: enrolment and certificate
"If the Registrar considers the applicant eligible and qualified under rule 144 for registration as a trademark agent, he shall enroll the candidate as a registered trademark agent after payment of prescribed fee and shall issue a certificate in Form RG-4 and the registration shall subsist till end of the financial year of the registration."
| Element | Text |
|---|---|
| Condition | The Registrar considers the applicant eligible and qualified under rule 144 |
| Duty | "shall enroll" the candidate as a registered trademark agent |
| Payment | After payment of the prescribed fee |
| Certificate | In Form RG-4 |
| Duration | The registration "shall subsist till end of the financial year of the registration" |
Points to note:
- Form RG-4 is a Registrar's form listed in the Third Schedule. It is the certificate that the Registrar issues, not a form the applicant files. The certificate text printed at the end of the Third Schedule records that the person "was registered ... in the Register of Trade Marks Agents maintained under rule 149 of the Trade Marks Rules, 2017".
- Duration: registration subsists only until the end of the financial year of registration. Rule 150 makes continuance in the register subject to the fees in the First Schedule, and entry 20 of the Schedule (as notified in 2017) prices continuance at Rs 10,000 (physical) or Rs 9,000 (e-filing) "for every Five year to be paid on or before 1st day of succeeding financial year". The two provisions are not easy to read together: rule 149 speaks of a registration lasting to the end of the financial year, while the Schedule speaks of a five-year payment. This is reported as printed and discussed further in the article on Rules 150 to 153.
- The "prescribed fee" in rule 149 is not stated in the rule; entry 19 of the First Schedule, which cites rules 147 and 149, is the entry to check.
An invented example: Kavya Rao is a graduate and Indian citizen, over 21, with a principal place of business in Pune. She sends Form TM-G in duplicate to the Registry office in whose limits Pune lies, pays the fee, and the Registrar fixes a date for the examination in Trade Marks Law and practice. She passes by the advertised qualifying marks. The Registrar enrols her and issues a Form RG-4 certificate; the registration subsists to the end of that financial year.
Rules 146 to 149 at a glance
| Rule | Subject | Form | Key point |
|---|---|---|---|
| 146 | Where and how to apply | All Part IV applications | In duplicate, to the office covering the principal place of business |
| 147 | Application | TM-G | Further information at any time |
| 148 | Examination | None | Date "in due course"; qualifying marks as advertised |
| 149 | Enrolment and certificate | RG-4 (issued by the Registrar) | After prescribed fee; subsists till end of the financial year |
Need help with the agent registration process?
The sequence is short but each step has its own conditions. TaxClue's legal consultation team can help you check eligibility, prepare Form TM-G in duplicate and plan for the examination.
Key takeaways
- Part IV applications go in duplicate to the Registry office covering the applicant's principal place of business (rule 146).
- Applying for registration as an agent is by Form TM-G, with further information on request (rule 147).
- The Registrar appoints a date in due course for an examination in Trade Marks Law and practice; qualifying marks are as advertised (rule 148).
- On eligibility and payment of the prescribed fee, the Registrar enrols the agent and issues a certificate in Form RG-4; registration subsists till the end of the financial year (rule 149).
- As notified in 2017, the First Schedule entry for the application is Rs 5,000 (physical) or Rs 4,500 (e-filing); check the current Schedule.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 144–145: Qualifications and persons debarred from registration as a trademarks agent
- Rules 150–153: Continuance, removal, refusal to deal and restoration of agents
- 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.