Rules 54 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.
These three rules deal with loose ends around registration. Rule 54 requires the Registrar to note associated trademarks in the register and says an application to dissolve the association goes in Form TM-P with grounds. Rule 55 lets a successor in interest replace an applicant who dies before the mark is entered. Rule 56 gives the certificate of registration its form, RG-2, says it cannot be used in legal proceedings or abroad, and provides for duplicates. These rules matter once a trademark registration is granted.
The Registrar notes in the register the registration numbers of associated marks; an application under section 16(5) to dissolve the association is made in Form TM-P with the grounds (rule 54). If an applicant dies before registration, the Registrar may, on a Form TM-M request with proof of death and of transmission, substitute the successor (rule 55). The certificate is Form RG-2, bears the Registry seal, and is not for use in legal proceedings or for registration abroad; the section 137 certificate is used for those purposes (rule 56).
Rule 54: associated trademarks
Sub-rule (1): noting the association
"Where a trademark is registered as associated with any other trademarks, the Registrar shall note in the register in connection with the first mentioned trademark the registration numbers of the trademarks with which it is associated and shall also note in the register in connection with each of the associated trademarks, the registration number of the first mentioned trademark as being a trademark associated therewith."
In other words, the association is recorded both ways. If mark A is registered as associated with marks B and C, A's entry shows B and C, and B's and C's entries each show A. The rule does not say when marks are to be registered as associated; that is the Act's concern, in section 16.
Sub-rule (2): dissolving the association
"An application under sub-section (5) of section 16 to dissolve the association as respects any of the trademarks registered as associated trademarks shall be made in Form TM-P and shall include statement of the grounds of the application."
| Element | Text |
|---|---|
| Statutory basis | Section 16(5) |
| Form | TM-P (the Second Schedule lists section 16(5) against TM-P) |
| Contents | A statement of the grounds |
| Fee | As notified in 2017 (check the current Schedule), entry 9 lists "Dissolution of association between trademarks under section 16(5)" at Rs 1,000 (physical) or Rs 900 (e-filing) |
The text does not say what grounds are enough or how the Registrar decides; the Act provides for that.
Rule 55: death of the applicant before registration
"In case of death of any applicant for the registration of a trademark after the date of his application and before the trademark has been entered in the register, the Registrar may, on request on form TM-M and on proof of the applicant's death and on proof of the transmission of the interest of the deceased person, substitute in the application, the name of successor in interest in place of the name of such deceased applicant, and the application may proceed thereafter as so amended."
| Element | Text |
|---|---|
| When | The applicant dies after the date of application and before the mark is entered in the register |
| Form | TM-M |
| Proof | Of the applicant's death, and of the transmission of the interest of the deceased |
| Registrar's power | "may" substitute the name of the successor in interest |
| Result | The application proceeds as amended |
The rule does not say who may make the request, though the successor in interest is the natural applicant, and it names no time limit. The First Schedule does not name an entry for this request; the catch-all heads in the TM-M entries should be checked in the current Schedule. The assignment and transmission of registered marks is dealt with in rules 75 onwards.
Example: Gopal Mehra, a sole proprietor, applies for "Gopal Ghee" and dies before the mark is entered. His son, who inherits the business, files Form TM-M with proof of Gopal's death and proof of the transmission of Gopal's interest to him. The Registrar may substitute the son's name, and the application proceeds as amended.
Rule 56: certificate of registration
Sub-rule (1): form and seal
"The certificate of registration to be issued by the Registrar under sub-section 2 of section 23 shall be on Form RG-2 and shall include the trademark. It shall bear the seal of the Trade Marks Registry."
Form RG-2 in the Third Schedule says the trademark has been registered "in the name of ... in Class(es) ... under No. ... as of the date ... in respect of ...". Its notes say that registration is for ten years from the date first mentioned, may be renewed for ten years and at the end of each ten-year period (see section 25 and rules 57 to 61), and that on a change of ownership or address "application should AT ONCE be made to register the change." The certificate also says it is not for use in legal proceedings or for obtaining registration abroad. Section 23(2) is covered in our article on sections 23 and 24.
Sub-rule (2): what it cannot be used for
"The certificate of registration referred to in sub-rule (1) shall not be used in legal proceedings or for obtaining registration abroad. The certificate issued under section 137 shall be used for these purposes."
So there are two certificates. The RG-2 certificate is the registration certificate; the certificate under section 137 (see sections 136 to 138) is the one to use in court or when seeking registration abroad. The rule does not say how the section 137 certificate is requested; the request for a certified copy is made in Form TM-M under rule 122.
Sub-rule (3): duplicate or further copies
"The Registrar may issue duplicate or further copies of the certificate of registration on request by the registered proprietor in Form TM-M accompanied by the prescribed fee."
The proviso: "no such duplicate or copy of certification of registration shall be issued where such request is received after the expiry of time limit for renewal of registration and restoration of registered trademark." (The text says "certification of registration"; we read it as "certificate".)
As notified in 2017 (check the current Schedule), entry 13 lists "Duplicate Registration Certificate" at Rs 1,000 (physical) or Rs 900 (e-filing). The Form TM-M has an item "Request for duplicate Registration Certificate under rule 56 (3)".
| Point | Result |
|---|---|
| Who may request | The registered proprietor |
| Form | TM-M with the prescribed fee |
| When barred | If the request is received after the time limit for renewal and restoration has expired |
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked. For a practical view of the certificate, see our article on the registration certificate, rights and duration.
Need help with your certificate or associated marks?
Whether you need a duplicate certificate, a successor substituted or an association reviewed, the right form and proof matter. Our trademark registration team can prepare the request and the supporting papers.
Key takeaways
- The Registrar notes associated marks in the register, in both directions.
- An application to dissolve an association under section 16(5) is made on Form TM-P with grounds.
- If an applicant dies before registration, the Registrar may substitute the successor on a Form TM-M request with proof of death and transmission.
- The certificate of registration is Form RG-2 with the Registry's seal.
- RG-2 cannot be used in legal proceedings or for registration abroad; the section 137 certificate is used instead.
- Duplicate certificates are requested on Form TM-M, but not after the renewal and restoration time has expired.
Read next
- Rules 52–53: notice of incomplete registration and entry in the register
- Rule 57: renewal of registration
- Rule 23: form and signing of the application
- 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.