Rules 150 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 person is registered as a trademarks agent, four rules govern what happens next. Rule 150 makes continuance on the register depend on fees. Rule 151 sets out when the Registrar removes an agent's name. Rule 152 lets the Registrar refuse to recognise certain persons as agents. Rule 153 allows restoration of a name removed for non-payment.
An agent stays on the register subject to paying the First Schedule fees (rule 150). The Registrar removes the name on the agent's request, or if the annual fee is not received within three months of falling due, if the agent suffers a rule 145 disability, is declared not fit and proper or was entered by error or misrepresentation, or on death (rule 151). For the last two grounds, a show-cause notice comes first. The Registrar may refuse to recognise certain persons as agents (rule 152). A name removed for non-payment may be restored on Form TM-G within three years (rule 153).
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 rules before these are in Rules 146–149. If an agent's name is at risk of removal, or you need to confirm an agent's standing, our legal consultation team can help.
Rule 150: continuance
"The continuance of a person's name in the register of trademarks agents shall be subject to his payment of the fees prescribed in First Schedule."
The rule is a single sentence. Entry 20 of the First Schedule lists "For continuance of the name of a person in the Register of a trademark Agents under rule 150 for every Five year to be paid on or before 1st day of succeeding financial year" at Rs 10,000 for physical filing or Rs 9,000 for e-filing (as notified in 2017; check the current Schedule). Rule 151(1)(b) refers instead to "the annual fee", and rule 149 says registration subsists till the end of the financial year of registration. These three descriptions (five-yearly in the Schedule, annual in rule 151, year-end in rule 149) are not reconciled in the text. A careful agent should confirm the current position with the Registry.
Rule 151: removal of the agent's name
Sub-rule (1): the Registrar "shall remove" on two grounds
The Registrar shall remove the name of any registered trademarks agent:
- (a) from whom a request has been received to that effect; or
- (b) from whom the annual fee has not been received on the expiry of three months from the date on which it became due.
Sub-rule (2): further grounds
The Registrar shall remove the name of any registered agent:
| Ground | Text |
|---|---|
| (a) | Found to have been subject at the time of registration, or since become subject, to any of the disabilities in clauses (i) to (vii) of rule 145 |
| (b) | Whom the Registrar has declared not to be a fit and proper person to remain in the Register by reason of any act of negligence, misconduct or dishonesty committed in his professional capacity |
| (c) | Whose name has been entered by an error or on account of misrepresentation or suppression of material fact |
The proviso: "before making such declaration under clauses (b) and (c) the Registrar shall call upon the person concerned to show-cause why his registration should not be cancelled and shall make such further enquiry, if any, as may be consider necessary."
So grounds (b) and (c) are protected by a show-cause notice and enquiry. The proviso does not mention ground (a): the text gives no show-cause step for a rule 145 disability. It also gives no period for the show-cause reply, and the Registrar decides after "such further enquiry, if any" as he considers necessary.
Sub-rules (3) and (4)
- (3) The Registrar shall remove the name of any registered agent who is dead.
- (4) The removal of any name "shall be notified in the Journal and shall, wherever possible, be communicated to the person concerned".
Note the difference between "shall be notified in the Journal" (mandatory) and "wherever possible" communicated to the person. The agent may therefore learn of a removal from the Journal.
Drafting note: the text reads "from whom' a request" and "any of the disabilities stated in clauses (i) to(vii) of rule 145;or" and "as may be consider necessary"; these are typographical and the sense is clear.
An invented example: Naveen Gupta, an agent, does not pay the annual fee when it falls due. Three months pass without payment. Under rule 151(1)(b) the Registrar shall remove his name, and the removal is notified in the Journal.
Rule 152: refusal to recognise
Sub-rule (1): "may refuse to recognise"
The Registrar may refuse to recognise:
- (a) any individual whose name has been removed from, and not restored to, the register;
- (b) any person, not being registered as a trademarks agent, who in the Registrar's opinion is engaged wholly or mainly in acting as agent in applying for trademarks in India or elsewhere in the name or for the benefit of the person by whom he is employed;
- (c) any company or firm, if any person whom the Registrar could refuse to recognise as agent is acting as a director or manager of the company or is a partner in the firm.
Sub-rule (2): "shall refuse"
"The Registrar shall refuse to recognise as agent in respect of any business under this rule any person who neither resides nor has a place of business in India."
| Sub-rule | Power | Subject |
|---|---|---|
| 152(1) | May refuse | Removed and unrestored individuals; unregistered persons mainly acting as employer's trademark agent; companies and firms with such persons as directors, managers or partners |
| 152(2) | Shall refuse | Any person who neither resides nor has a place of business in India |
Clause (b) is aimed at persons who act in-house for their employer as de facto agents without being registered. The rule does not define "wholly or mainly". Rule 152 does not give a procedure, a notice period or a right to be heard.
Rule 153: restoration of removed names
Sub-rule (1). "The registrar may, on an application made in Form TM-G with fee as specified in the First Schedule, within three years from the date of removal of the name of a person from the Register of trademarks agents, whose name has been removed under clause (b) of sub-rule (1) of rule 151, restore his name to the register of Trade Marks agents."
- Which removals: only those under rule 151(1)(b), meaning non-payment of the annual fee.
- Form: Form TM-G, with the First Schedule fee.
- Time: within three years from the date of removal.
- Discretion: the Registrar "may" restore.
- Fee: entry 21 of the Schedule lists the restoration fee at Rs 5,000 (physical) or Rs 4,500 (e-filing), "within 3 years from the date of removal", plus the continuance fee under entry 20 (as notified in 2017; check the current Schedule).
Sub-rule (2). "The restoration of a name to the register of trademarks agent shall be notified in the Journal and shall be communicated to the person concerned."
An agent removed on any other ground (for example, a rule 145 disability or a finding of misconduct) has no restoration route under rule 153 as printed.
Rules 150 to 153 at a glance
| Rule | Subject | Key point |
|---|---|---|
| 150 | Continuance | Subject to First Schedule fees |
| 151(1) | Removal | On request; or annual fee not received three months after due |
| 151(2) | Removal | Rule 145 disability; not fit and proper (with show-cause); error or misrepresentation (with show-cause) |
| 151(3), (4) | Death; notification | Removal on death; Journal notification and communication where possible |
| 152 | Refusal to recognise | May refuse (three classes); shall refuse persons with no residence or place of business in India |
| 153 | Restoration | Form TM-G; within three years; only for removal under rule 151(1)(b) |
Need help with an agent's standing?
A removal can be sudden, but the routes back are narrow. TaxClue's legal consultation team can check the dates for continuance fees, prepare a show-cause reply or an application under rule 153.
Key takeaways
- Continuance on the register is subject to fees in the First Schedule (rule 150), though the text describes the fee period inconsistently.
- The Registrar removes an agent who requests it, fails to pay the annual fee within three months of due date, has a rule 145 disability, is declared not fit and proper, was entered in error or by misrepresentation, or has died (rule 151).
- Show-cause and enquiry apply to the not fit and proper and error or misrepresentation grounds.
- The Registrar may refuse to recognise certain persons, and shall refuse anyone with no residence or place of business in India (rule 152).
- Restoration is by Form TM-G within three years, only for removal under rule 151(1)(b) (rule 153).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 146–149: Agent's application, procedure, qualifying requirements and certificate
- Rules 154–156: Alteration in register of agents, publication and appeal
- Rules 144–145: Qualifications and persons debarred from registration as a trademarks agent
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.