Rules 49 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 evidence is closed, the Registrar fixes a hearing and decides the opposition. Rules 49 to 51 supply the details that matter on the day: foreign-language documents need an attested translation; the first hearing is at least one month after notice; each party may have at most two adjournments of not more than thirty days; non-appearance has different results for applicant and opponent; and the Registrar may fix and raise security for costs. If you are preparing for an opposition hearing, hearing representation is the final stage these rules govern.
A document in a language other than Hindi or English needs an attested translation (rule 49). The Registrar gives notice of the first date of hearing, at least one month after the first notice; a party may request an adjournment on Form TM-M at least three days before the hearing, but no more than two adjournments of not more than thirty days each (rule 50). The Registrar may fix security for costs at any amount and enhance it at any stage (rule 51).
Rule 49: translation of documents
"Where a document is in a language other than Hindi or English and is referred to in the notice of opposition, counterstatement or an affidavit filed in an opposition proceeding, an attested translation thereof in Hindi or English shall be submitted before the registrar and a copy thereof shall be provided to opposite party."
Two duties: submit an attested translation in Hindi or English to the Registrar, and give a copy to the opposite party. The rule does not say who may attest or what "attested" requires. It applies to documents "referred to" in the notice, counterstatement or an affidavit, so it covers exhibits as well as the pleadings themselves.
Rule 50: hearing and decision
Sub-rule (1): notice of hearing
"The Registrar, after the closure of the evidence, shall give notice to the parties of the first date of hearing. The date of hearing shall be for a date at least one month after the date of the first notice."
So the earliest hearing date is one month after the date of the first notice. The sub-rule does not say how "closure of the evidence" is marked; that follows from rules 45 to 48.
Sub-rule (2) and proviso: adjournment
"A party to a proceeding may make a request for adjournment of the hearing with reasonable cause in Form TM-M accompanied by the prescribed fee, at least three days before the date of hearing and the Registrar, if he thinks fit to do so, and upon such terms as he may direct, may adjourn the hearing and intimate the parties accordingly."
The proviso: "no party shall be given more than two adjournments and each adjournment shall not be for more than thirty days."
| Element | Text |
|---|---|
| Who | A party to the proceeding |
| Form and fee | TM-M, with the prescribed fee (the text does not name the First Schedule entry) |
| Time | At least three days before the date of hearing |
| Ground | Reasonable cause |
| Registrar | May adjourn "if he thinks fit", on terms he may direct |
| Limit | No more than two adjournments for any party; each not more than thirty days |
The rule does not say which First Schedule entry applies to an adjournment request, so check the current Schedule. Costs on adjournment are covered by the scale of costs under rule 118 and the Fourth Schedule, which is dealt with in a later article.
Sub-rules (3) and (4): non-appearance
| Sub-rule | Who is absent | Consequence |
|---|---|---|
| (3) | The applicant, "at the adjourned date of hearing and at the time mentioned in the notice" | The application may be treated as abandoned |
| (4) | The opponent, at the adjourned date of hearing and at the time mentioned in the notice | The opposition may be dismissed for want of prosecution and the application may proceed to registration, subject to section 19 |
Both sub-rules speak of the "adjourned date of hearing". They do not, on their words, say what happens if a party is absent on the first date, when no adjournment has yet been given. We flag the point; the Registrar's practice or the general rule on hearings in rule 115 should be checked. Both consequences use "may", so they are discretionary.
Sub-rules (5) and (6): written arguments and decision
"(5) The Registrar shall consider written arguments if submitted by a party to the proceeding. (6) The decision of the Registrar shall be communicated to the parties in writing at the address given for service."
A party that cannot attend, or wants to add to oral submissions, can file written arguments, which the Registrar "shall consider". The decision is communicated in writing at the address for service (see rules 17 and 18). Rule 36's thirty-day request for grounds applies to decisions under rules 33, 34 or 41 as that rule is written; whether it extends to an opposition decision is not stated, so read rule 36 and the Act on appeals together.
Rule 51: security for costs
"The security for costs which the Registrar may require under sub-section (6) of section 21 may be fixed at any amount which he may consider proper, and such amount may be further enhanced by him at any stage in the opposition proceedings."
The Act's power to require security is in section 21(6). The Rules set no figure. The amount is whatever the Registrar considers proper, and it can be raised "at any stage". The text does not say what follows if security is not furnished; the Act's provisions apply.
The hearing track
| Step | Detail | Rule |
|---|---|---|
| Evidence closes | After rules 45 to 48 | Rule 50(1) |
| First notice | Hearing at least one month after the notice | Rule 50(1) |
| Adjournment request | Form TM-M, reasonable cause, at least three days before | Rule 50(2) |
| Limit | Two adjournments, thirty days each | Proviso |
| Written arguments | Considered by the Registrar | Rule 50(5) |
| Decision | In writing, at the address for service | Rule 50(6) |
Example: Mehta Fizz and Sunil Beverages complete evidence. The Registrar's first notice is dated 1 February, so the hearing cannot be earlier than 1 March. Sunil's counsel is unavailable and files Form TM-M with the fee on 25 February, five days before the hearing, citing a reasonable cause. The Registrar grants a 20-day adjournment. Sunil may seek one more, of not more than thirty days, but no third. If Sunil is absent at the adjourned hearing, the Registrar may treat the application as abandoned. (Dates are invented.)
For practical preparation, see our guide on trademark hearing preparation.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help at the hearing stage?
Hearing dates, adjournment limits and written arguments each have their own rule. Our trademark hearing representation team can prepare submissions and appear for you.
Key takeaways
- Foreign-language documents referred to in opposition papers need an attested Hindi or English translation, with a copy to the other side.
- The first hearing is at least one month after the first notice.
- An adjournment request on Form TM-M, with fee and reasonable cause, must be made at least three days before the hearing.
- No party may have more than two adjournments, each of not more than thirty days.
- Non-appearance may mean abandonment for an applicant or dismissal for an opponent.
- The Registrar may fix and raise security for costs at any stage.
Read next
- Rules 45–48: evidence in opposition, reply and further evidence
- Rules 35–36: withdrawal of application and decision of the Registrar
- Rules 52–53: notice of incomplete registration and entry in the register
- Trademark show cause hearing: how to prepare and attend
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.