Rules 29 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 29 deals with marks that contain a person's name or picture. If the Registrar asks, the applicant must produce the person's written consent, or, if the person died within twenty years before the application, the consent of the legal representative. Rule 30 deals with a mark that names or describes goods or services: the Registrar may limit the registration to those goods or services, or accept an undertaking where the name in use varies. Both come up in a trademark registration application for personal brands and descriptive marks.
Where the name or representation of any person appears on a mark, the applicant must, if the Registrar so requires, furnish written consent of the person if living, or of the legal representative if the person died within twenty years before the application; without it the Registrar may refuse to proceed (rule 29). Where a mark carries the name or description of goods or services, the Registrar may refuse registration for other goods or services, or allow it against an undertaking (rule 30).
Rule 29: names and representations of living persons or persons recently dead
The text: "Where the name or representation of any person appears on a trademark, the applicant shall, if the Registrar so requires, furnish him with the consent in writing of such person in case he is living or, in case his death took place within twenty years prior to the date of the application for registration of the trademark, of his legal representative, as the case may be, to the use of the name or representation and in default of such consent the Registrar may refuse to proceed with the application for registration of the trademark."
| Element | What the text says |
|---|---|
| Trigger | The name or representation of any person appears on the mark |
| Duty | Furnish written consent "if the Registrar so requires" |
| Person living | The consent of that person |
| Person dead within twenty years before the application date | The consent of the legal representative |
| Consequence of default | The Registrar "may refuse to proceed with the application" |
Four points to notice.
- The duty arises on requirement. The applicant need not file consent with the application unless the Registrar requires it. In practice it is wise to have the consent ready, because the Registrar may ask at examination.
- "Representation" is wider than a name. A portrait, a caricature or a likeness is covered by "representation". The rule does not define the word.
- Twenty years. The period is counted backward from "the date of the application" to the date of death. A person who died more than twenty years earlier is not within the rule on its words. The text does not say anything about the consent of a person who died earlier, so the rule does not require it.
- "May refuse". The power is discretionary.
The Act's related provisions on the names of living or dead persons are in sections 13 and 14. Rule 29 supplies the procedure of consent.
Example: Chef Arjun Mehta, a living chef, licenses his name to a restaurant company, Mehta Table Pvt Ltd, which applies for "Arjun Mehta's Table". The Registrar requires consent. The company files Arjun's written consent to the use of his name. If the chef had died eighteen years before the application, the consent of his legal representative would be needed instead. If the company cannot produce either, the Registrar may refuse to proceed.
Rule 30: name or description of goods or services on a mark
Sub-rule (1): limiting the registration
"Where the name or description of any goods or services appears on a trademark, the Registrar may refuse to register such trademark in respect of any goods or services other than the goods or services so named or described."
In other words, a mark that says what it sells can only be registered for that. A mark saying "Sunrise Tea House" for tea may be registered for tea, but the Registrar may refuse it for unrelated goods, say machinery. The power is "may", so it is discretionary.
Sub-rule (2): the undertaking where the name in use varies
"Where the name or description of any goods or services appear on a trademark, which name or description in use varies, the Registrar may permit the registration of the trademark for those and other goods or services on the applicant giving an undertaking that the name or description will be varied when the trademark is used upon goods or services covered by the specification other than the named or described goods or services. The undertaking so given shall be included in the advertisement of the application in the Journal under section 20."
| Step | Detail |
|---|---|
| Situation | The mark names or describes goods or services, and the name in use varies |
| Registrar's power | May permit registration for those and other goods or services |
| Condition | Applicant's undertaking to vary the name or description when used on other goods or services |
| Publicity | The undertaking is included in the advertisement under section 20 |
Example: Dhruv Foods applies for "Dhruv Biscuit Bazaar" covering biscuits and also packaged snacks and sauces. The word "Biscuit" names goods. Under rule 30(1) the Registrar may confine registration to biscuits. Under rule 30(2), Dhruv offers an undertaking that on its snacks and sauces the label will read "Dhruv Snack Bazaar" and "Dhruv Sauce Bazaar" instead. If the Registrar permits, the undertaking appears in the Journal advertisement. The rule does not say what follows if the undertaking is later broken; the wider Act applies.
Where these rules fit
- Rule 29 operates during examination, alongside the Registrar's examination under rule 33.
- Rule 30 links to the specification the applicant files under rule 23(5), which already requires the claim to be justified by use.
- The advertisement of the undertaking falls under rule 39 and section 20.
Version note
The text is the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with consent or a descriptive mark?
If your mark carries a person's name, face or a word naming your product, it helps to settle consent and specification before filing. Our trademark registration team can prepare the papers, including the consent and any undertaking.
Key takeaways
- If a person's name or representation is on the mark, the Registrar may require written consent.
- For a person who died within twenty years before the application, the legal representative consents.
- Without the consent the Registrar may refuse to proceed.
- A mark naming goods or services can be refused for other goods or services.
- An undertaking to vary the name where it is used on other goods may be accepted and is advertised in the Journal.
Read next
- Rules 27–28: series trademarks and transliteration and translation
- Rules 31–32: deficiencies and acknowledgement of the application
- Rule 33: examination, objection to acceptance and hearing
- Trademark objection under section 9: descriptive marks
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.