Rules 52 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 52 and rule 53 mark the last steps to registration. Rule 52 deals with the case where registration is not completed because of the applicant's default: the Registrar sends a notice in Form RG-1 giving twenty-one days, extendable by up to one month on a request in Form TM-M. Rule 53 says when the Registrar enters the mark on the register and what the entry must contain. These steps close a trademark registration application.
The notice under section 23(3) is sent in Form RG-1 to the address for service and gives twenty-one days from its date, or further time not exceeding one month on a request in Form TM-M (rule 52). Where there is no opposition in time, or an opposition is dismissed, the Registrar enters the mark in the register, subject to sections 23(1) and 19 (rule 53(1)). The entry must state the filing date, the actual date of registration, goods or services, classes and a list of particulars (rule 53(2)).
Rule 52: notice of non-completion
"The notice which the Registrar is required by sub-section (3) of section 23 to give to an applicant, shall be sent in Form RG-1 to the applicant at the address for service. The notice shall specify twenty one days time from the date thereof or such further time not exceeding one month as the Registrar may allow on a request made in form TM-M for completion of the registration."
Section 23(3) lets the Registrar, where registration is not completed within twelve months from the date of the application by reason of default on the applicant's part, treat the application as abandoned after notice, unless completed within the time specified in the notice. See our article on sections 23 and 24 for the Act. Rule 52 prescribes the form and the time in that notice.
| Element | Text |
|---|---|
| Form | RG-1 (Third Schedule: "Notice of non-completion of registration", section 23(3), rule 52) |
| Sent to | The applicant at the address for service |
| Time specified | Twenty-one days from the date of the notice |
| Extension | Such further time, not exceeding one month, as the Registrar may allow, on a request made in Form TM-M for completion of the registration |
| Fee for TM-M | The text does not name the entry; as notified in 2017 (check the current Schedule), entry 13 lists "Extension of time" at Rs 1,000 (physical) or Rs 900 (e-filing) |
The text of Form RG-1 says: "the registration of the trademark ... has not been completed by reason of default on the part of the applicant. Unless the default is rectified within twenty-one days from the date of this notice, the application will be treated as abandoned." So the form itself carries the consequence.
Points to read carefully
- Date of the notice. The twenty-one days run "from the date thereof", not from receipt. Treat the notice date as day one.
- The extension is the Registrar's to allow. The applicant may ask on Form TM-M, but the extension is only "such further time not exceeding one month as the Registrar may allow". The text does not say that an extension must be granted.
- Who "completes" what. The rule says "completion of the registration". The Rules do not list the acts the applicant must perform; they depend on the default. Typical examples would be a missing paper or fee, but the rule does not give a list.
- Abandonment follows from the Act and the form. Rule 52 itself does not say "abandoned"; the Act and Form RG-1 do.
Example: Hema Cosmetics' application for "Hema Glow" has been accepted and unopposed, but the registration cannot be completed because a required document was not supplied. Twelve months from the application date have passed. The Registrar sends Form RG-1 dated 2 May, giving twenty-one days, to Hema's address for service. Hema supplies the document by 23 May, or files Form TM-M before then to ask for more time, up to one month. If neither happens, the application may be treated as abandoned. (Dates are invented.)
Rule 53: entry in the register
Sub-rule (1): when the entry is made
"Where no notice of opposition to an application advertised or re-advertised in the Journal is filed within the period specified in sub-section (1) of section 21, or where an opposition is filed and it is dismissed, the Registrar shall, subject to the provisions of sub-section (1) of section 23 or section 19, enter the trademark on the register."
Two routes: no opposition within the section 21(1) period, or an opposition filed and dismissed. Both are subject to section 23(1) and section 19, which is where the Registrar's power to withdraw acceptance sits.
Sub-rule (2): what the entry specifies
The entry "shall specify the date of filing of application, the actual date of the registration, the goods or services and the class or classes in respect of which it is registered, and all particulars required by sub-section (1) of section 6 including":
| Clause | Particular |
|---|---|
| (a) | Address of the principal place of business in India, if any, of the proprietor (or, for joint marks, of those joint proprietors who have one) |
| (b) | Where the proprietor has no place of business in India, the address for service in India as entered in the application, with the home-country address |
| (c) | For a jointly owned mark where none has a principal place of business in India, the address for service in India as given in the application with the home-country address of each joint proprietor |
| (d) | Particulars of the trade, business, profession, occupation or other description of the proprietor (or joint proprietors) as entered in the application |
| (e) | Particulars affecting the scope of the registration or the rights conferred |
| (f) | The convention application date, if any, to be accorded under section 154 |
| (g) | Where the mark is a collective or certification mark, that fact |
| (h) | Where registered under section 11(4) with the consent of the proprietor of an earlier mark or right, that fact |
| (i) | The appropriate office of the Trade Marks Registry in relation to the mark |
The entry therefore shows both the date of filing and "the actual date of the registration". Under the Act the registered date is treated as the date of making the application, so the register carries both dates. Clause (i) ties back to rules 5 to 7 on the entry of the appropriate office, and clause (f) to rule 24.
Sub-rule (3): electronic records
"The Registrar may from time to time, in consultation with computer experts, formulate guidelines for keeping official records in electronic form." The Rules give no detail of the guidelines.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help getting your mark onto the register?
If you have received an RG-1 notice, or want your accepted mark taken through to entry, our trademark registration team can follow up the pending steps.
Key takeaways
- A notice of non-completion is sent on Form RG-1 to the address for service, with twenty-one days from its date.
- The Registrar may allow up to one more month on a Form TM-M request.
- An unopposed application, or one where opposition is dismissed, is entered on the register, subject to sections 23(1) and 19.
- The entry shows the filing date, the actual date of registration, goods or services and classes.
- The entry also records addresses, trade particulars, convention date, special mark types and the appropriate office.
Read next
- Rules 54–56: associated trademarks, death of applicant and certificate of registration
- Rules 31–32: deficiencies and acknowledgement of the application
- Rule 42: notice of opposition
- Trademark registration certificate: rights and duration
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.