Rules 24 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.
Rule 24 is the working rule for a priority claim based on an earlier application in a convention country. It sets out the certificate to be filed, the two-month window for a late certificate, the particulars the application must state and three limits on priority. Rule 25 requires every application to state the period and the person of user, unless the mark is proposed to be used, and demands an affidavit with documents where use before the application date is claimed. Both rules shape a trademark registration application with a past.
Priority under section 154 needs a certificate from the Registrar or competent authority of the foreign Trade Marks Office, filed with the application, or within two months of filing (rule 24(1)-(2)). Only a single priority may be claimed for all the goods or services, and it is not allowed for goods or services not covered in the convention application (rule 24(3)). An application must state the period and person of user, unless the mark is proposed to be used; a claim of prior use needs an affidavit and supporting documents (rule 25).
Rule 24: application under convention arrangement
Sub-rule (1): the certificate
Where a right to priority is claimed by an application duly filed in a convention country under section 154, "a certificate by the Registrar or competent authority of that Trade Marks Office shall be submitted with the application for registration of trademark and it shall include the particulars of the trademark, the country or countries and the date or dates of filing of application and such other relevant particulars as may be required by the Registrar."
Sub-rule (2): two months if the certificate is not filed with the application
"Unless such certificate has been filed at the time of the filing of the application for registration, there shall be filed, within two months of the filing of such application certifying or verifying to the satisfaction of the Registrar, the date of the filing of the application, the country or countries, the representation of the trademark, and the goods or services covered by the application."
The text refers to a document "certifying or verifying" four items: the filing date, the country, the representation of the mark and the goods or services. The rule does not say what follows if the two months pass without it. It does not say that priority is lost, and it does not say that the Registrar may extend the time. Check rule 109 on extension of time and the Registry's practice before relying on any extension.
Sub-rule (3): the statement in the application and three provisos
"The application shall include a statement indicating the filing date of the filing in the convention application, the name of the convention country where it was filed, the serial number, if any and a statement indicating that priority is claimed."
| Proviso | Text, in summary |
|---|---|
| First | If more than one priority claim under section 154 is made for the same trademark, the Registrar takes the date of the earlier application in a convention country as the priority date |
| Second | The priority date is not allowed for goods and services not covered in the convention application |
| Third | Only a single priority shall be claimed in respect of all the goods or services mentioned in the application filed under rule 23(1) |
The Second Schedule lists TM-A against section 154(2) as well, so the priority claim is made in the application on Form TM-A. The statutory effect of priority is dealt with in section 154.
Example: Nordic Tea AB, a company from a convention country, files an application there for "Birch Brew" for tea and coffee. It then files in India on Form TM-A, stating the filing date, the country and the serial number and claiming priority, and files the foreign Office's certificate within two months. Its Indian application also lists biscuits, which the foreign application did not cover. Under the second proviso, the priority date is not allowed for biscuits. And if Nordic had two earlier foreign filings for the same mark, the earlier date would be the priority date under the first proviso.
Rule 25: statement of user
Sub-rule (1): period and person
"An application to register a trademark shall, unless the trademark is proposed to be used, contain a statement of the period during which, and the person by whom it has been used in respect of all the goods or services mentioned in the application."
Three requirements follow: the period of use, the person who used it, and the coverage of all the goods or services in the application. A mark used for some of the goods only should not claim use for all of them.
Sub-rule (2): affidavit and documents
"In case, the use of the trademark is claimed prior to the date of application, the applicant shall file an affidavit testifying to such use along with supporting documents."
| Situation | What rule 25 requires |
|---|---|
| Mark proposed to be used | No statement of user required |
| Mark already used | Statement of the period and person of use, for all goods or services |
| Use claimed before the date of application | Affidavit testifying to the use, with supporting documents |
The rule does not list the supporting documents. Typically an applicant shows dated invoices, advertisements and similar records, but the rule does not say so. Our draft guide on the user affidavit for a trademark application walks through what such an affidavit contains.
Example: Meena Bakers has used the mark "Meena's Oven" since an earlier year in one city. Its application states the period of use, the person who used it (Meena Bakers, a proprietorship of Meena) and the goods. Because use is claimed before the date of application, Meena files an affidavit with supporting documents. A new brand "Oven Lane", not yet launched, is marked "proposed to be used", and no statement of user is needed.
How the rules connect
- Rule 24 takes its power from section 154 and the definitions in rule 2(1)(f) and (g).
- Rule 15(3) asks foreign applicants to give their home-country address in addition to an address for service in India.
- Rule 23(1) fixes the application on Form TM-A.
- Rule 25 supports claims of distinctiveness that the Registrar considers under rule 33(2) ("any evidence of use or of distinctiveness").
Version note
The text is the Rules as notified on 6 March 2017. Later amendments should be checked. For the practical process, see our guide to claiming priority under the convention.
Need help with a priority claim or a user claim?
Priority and prior-use claims depend on dates and documents. Our trademark registration team can check the foreign filing, the certificate timeline and the affidavit before the application is filed.
Key takeaways
- A priority claim needs a certificate from the foreign Trade Marks Office, filed with the application or within two months of filing.
- The application must state the filing date, the convention country, the serial number if any, and that priority is claimed.
- If there are several earlier filings, the earlier date is the priority date; goods not covered abroad get no priority.
- A single priority is claimed for all the goods or services.
- An application must state the period and person of use unless the mark is proposed to be used; prior use needs an affidavit and documents.
Read next
- Rule 23: form and signing of the application
- Rule 26: representation of the trademark
- Rules 15–16: particulars of address and statement of principal place of business
- Trademark priority claim: convention and claiming priority
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.