Rules 35 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 35 sets a one-month period for withdrawing an application so as to get back the filing fee, linked to the preliminary advice procedure in section 133. Rule 36 deals with the Registrar's decision: it must be communicated in writing, and an applicant who wants to appeal can, within thirty days, apply in Form TM-M for the grounds and materials behind the decision. The date the written statement is received then counts as the date of decision for appeal purposes. If your application has been refused, a hearing and representation strategy usually starts with rule 36.
A notice of withdrawal to obtain repayment of the filing fee under section 133(2) must be given in writing within one month of the communication mentioned in rule 33(2) (rule 35). The Registrar's decision is communicated in writing, and an applicant who intends to appeal may within thirty days apply in Form TM-M for the grounds and materials (rule 36(1)). The date of receipt of that statement is deemed the date of decision for appeal (rule 36(3)).
Rule 35: notice of withdrawal for repayment of the fee
The text: "A notice of withdrawal of an application for the registration of a trademark under sub-section (2) of section 133, for the purpose of obtaining repayment of any fee paid on the filing of the application, shall be given in writing within one month from the date of the receipt of communication mentioned in sub-rule (2) of rule 33."
Section 133 allows a person to ask for the Registrar's preliminary advice on distinctiveness (see rule 21). Section 133(2) then provides, as our section 133 article explains, for a refund of the filing fee in certain circumstances where the Registrar later objects despite favourable advice and the application is withdrawn within the prescribed period. Rule 35 supplies that period.
| Element | Text |
|---|---|
| Statutory basis | Section 133(2) |
| Purpose | Obtaining repayment of any fee paid on the filing of the application |
| Form of notice | In writing; the rule names no Form |
| Time | Within one month from the date of receipt of the communication mentioned in rule 33(2) |
| The communication | The Registrar's written communication of objection or proposal, in the form of an examination report |
Note that the month runs from receipt, as in rule 33(4). The rule does not name a form or a fee for the notice. Which cases qualify for a refund is a question under section 133(2), not under this rule.
Rule 36: decision of the Registrar
Sub-rule (1): communication and the request for grounds
"The decision of the Registrar under rules 33, 34 or 41 shall be communicated to the applicant in writing at his address of service and if the applicant intends to appeal from such decision he may within thirty days from the date of such communication apply in Form TM-M to the Registrar requiring him to state in writing the grounds of, and the materials used by him in arriving at, his decision."
Points to read carefully:
- Which decisions. The text names rules 33, 34 and 41. Rule 33 covers examination and hearing, and rule 34 covers expedited processing. Rule 41, however, is only a request for the particulars of the Journal in which an application was advertised, and it contains no "decision" in the usual sense. This looks like a drafting slip, and we flag it without correcting it. The Second Schedule's list for Form TM-M also names rule 41, so the cross-reference is consistent within the Rules.
- To whom. The decision goes to the applicant "in writing at his address of service" (see rules 17 and 18).
- Thirty days. The period runs "from the date of such communication", not from receipt. Treat the date on the communication as the starting point.
- Form TM-M carries an item "Statement of grounds of Registrar's decision under rule 36", with the hearing date and the order number and date to be entered. As notified in 2017 (check the current Schedule), entry 13 lists "seeking grounds of decision of Registrar" at Rs 1,000 (physical) or Rs 900 (e-filing).
- Condition. The applicant must intend to appeal. The rule does not require the applicant to prove the intention.
Sub-rule (2): comply first
"In a case where the Registrar makes any requirements to which the applicant does not object the applicant shall comply the said requirement before the Registrar issues a statement in writing under sub-rule (1)."
So if the decision lays down requirements you accept, such as an amendment or a limitation, comply with them before the Registrar issues the statement of grounds. You need not comply with those you object to.
Sub-rule (3): the date of decision for appeal
"The date when the statement in writing under sub-rule (1) is received by the applicant, shall be deemed to be the date of the Registrar's decision for the purpose of appeal."
This matters because appeal periods are counted from the date of decision. The appeal itself is not governed by the Rules read here; the Act's provision on appeals is in section 91. The text of rule 36 names no appellate forum, so read the Act for where an appeal lies and for the time allowed.
Putting it together: a timeline
| Step | Time | Rule |
|---|---|---|
| Registrar decides (for example, refuses the application after a hearing) | Rule 33(8) | |
| Decision communicated in writing at the address of service | Rule 36(1) | |
| Applicant applies in Form TM-M for grounds and materials | Within thirty days from the date of the communication | Rule 36(1) |
| Applicant complies with requirements it does not object to | Before the statement issues | Rule 36(2) |
| Statement received | Deemed date of decision for appeal | Rule 36(3) |
Example: Mira Organics' application for "Mira Meadow" is refused after a hearing. The order is dated 10 March and sent to its address of service. Mira intends to appeal. It must file Form TM-M by 9 April, or within thirty days of the date of the order, asking for grounds and materials. The day Mira receives the Registrar's written statement is treated as the date of decision for the purpose of appeal. (Dates are invented.)
Version note
The text is the Rules as notified on 6 March 2017. Later amendments and the current appeal provisions should be checked.
Need help after a refusal?
The thirty-day request is easy to miss and it shapes the appeal. If your application has been refused or an order has gone against you, our trademark hearing representation team can request the grounds and advise on next steps.
Key takeaways
- A withdrawal notice for repayment of the filing fee under section 133(2) must be given in writing within one month of the rule 33(2) communication.
- The Registrar's decision is communicated in writing at the address of service.
- Within thirty days of the communication, an applicant intending to appeal can apply in Form TM-M for the grounds and materials.
- Requirements the applicant does not object to must be complied with before the statement issues.
- The date the statement is received is the deemed date of decision for appeal.
Read next
- Rule 33: examination, objection to acceptance and hearing
- Rules 37–38: correction and amendment of application and withdrawal of acceptance
- Rules 21–22: preliminary advice on distinctiveness and request for search
- Trademark hearing preparation: documents and arguments
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.