Rules 31 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 31 is a short rule with a hard edge. If your application does not satisfy a requirement of the Act or the Rules, the Registrar sends a notice, and if you do not remedy the deficiency within one month of the notice, the application is treated as abandoned. Rule 32 says every application is acknowledged by a system-generated electronic receipt. If you file a trademark registration application, you will meet both: the receipt first, and, if something is missing, the notice.
Where an application does not satisfy the requirement of any provision of the Act or Rules, the Registrar sends a notice to remedy the deficiencies. If the applicant fails within one month of the date of the notice, the application shall be treated as abandoned (rule 31). Every application is acknowledged by a system-generated electronic receipt or by sending the receipt to the email address provided (rule 32).
Rule 31: deficiencies
The text: "Subject to sub-rule (2) of rule 10, where an application for registration of a trademark does not satisfy the requirement of any of the provisions of the Act or rules, the Registrar shall send notice thereof to the applicant to remedy the deficiencies and if within one month of the date of the notice, the applicant fails to remedy any deficiency so notified to him, the application shall be treated as abandoned."
| Element | What the text says |
|---|---|
| Trigger | An application that does not satisfy a requirement of any provision of the Act or Rules |
| Registrar's duty | "shall send notice" to the applicant to remedy the deficiencies |
| Time | One month from the date of the notice |
| Consequence | The application "shall be treated as abandoned" |
| Subject to | Rule 10(2) (fee must accompany a form or request) |
Points to read carefully
The clock runs from the date of the notice. The rule says "within one month of the date of the notice", not from the date you receive it. This differs from rule 33(4), which counts one month "from the date of receipt of the examination report". Notices are usually sent by email and post to the address for service, and rule 18 deems email service at the time of sending. Treat a deficiency notice as live from its date.
Only the deficiencies "so notified" matter. The abandonment follows if the applicant fails to remedy "any deficiency so notified". You must cure every deficiency named in the notice, not only some.
"Shall be treated as abandoned." The wording is mandatory. Unlike rule 33(4), which says the Registrar "may treat the application as abandoned", rule 31 uses "shall". The rule does not provide a hearing before abandonment, and it does not mention extension. Rule 109 deals with extension of time generally, so read it with your facts and take advice.
The link to rule 10(2). "Subject to sub-rule (2) of rule 10" ties deficiencies to fees. Rule 10(2) says a form or request must be accompanied by the prescribed fee, and rule 10(5) deems a document filed without or with insufficient fee not to have been filed. How the words "subject to" operate between the two provisions is not explained in the text. Read them together: if the fee is the problem, the question may be whether the document was filed at all.
Examples of deficiencies the Rules themselves create include: no statement that the mark is three-dimensional (rule 23(2)(c)), missing transliteration (rule 28), a representation not meeting rule 26, or a missing affidavit of use under rule 25(2). The Rules do not list "deficiencies" as a class, so any non-compliance with the Act or Rules can be the subject of a notice.
Example: Ishaan Tools Ltd files an application where the mark is a colour combination, but the application has no statement to that effect and no colour reproduction. The Registrar sends a deficiency notice dated 5 March. Ishaan must remedy the deficiency by 5 April. If it does not, the application shall be treated as abandoned. (The dates are invented; the one-month period is from the rule.)
Rule 32: acknowledgement
"Every application for the registration of a trademark in respect of any goods or services shall be acknowledged by giving a system generated electronic receipt or sending such receipt to the e-mail address provided for the purpose."
Two ways are allowed: giving the receipt (on the system, at the time of filing) or sending it to the email address provided. The rule says "system generated electronic receipt", which implies an online filing environment. The rule does not mention a paper receipt, though rule 14 allows paper filing.
Why the receipt matters:
- It is the first proof that the application was received. Rule 14(3) separately deals with proof of sending by post.
- It carries the details that rule 14(4) asks you to quote in later correspondence, such as the application number, date and place of filing.
- Keep it with your filing record, because the deficiency and examination clocks run after it.
The text does not say that the receipt amounts to acceptance, and it does not say that it cures any deficiency. It only acknowledges.
Where deficiency fits in the application journey
| Stage | Rule |
|---|---|
| Application made | Rule 23 |
| Receipt issued | Rule 32 |
| Deficiency notice, if any | Rule 31 (one month) |
| Examination and examination report | Rule 33 (one month to respond, from receipt) |
The statutory home of the application is section 18 of the Act, and the application itself is covered in our article on rule 23.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with a deficiency notice?
A deficiency notice leaves only one month. If you have received one, or you want your next application checked for deficiencies before filing, our trademark registration team can review it quickly.
Key takeaways
- A deficiency notice must be answered within one month of its date.
- If any notified deficiency is not remedied, the application shall be treated as abandoned.
- Rule 31 is subject to rule 10(2): a form needs its fee.
- Every application is acknowledged by an electronic receipt, given on the system or sent to the email provided.
- Keep the receipt; it carries the number and date used in later correspondence.
Read next
- Rule 33: examination, objection to acceptance and hearing
- Rule 10: fees and mode of payment
- Rules 17–18: address for service and service of documents by the Registrar
- Trademark objection reply process
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.