The Trade Marks Rules 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.
Chapter IV of the Rules carries the special provisions for protection through international registration under the Madrid Protocol. Its first three rules are housekeeping, but they decide how the rest of the chapter reads. Rule 62 defines "Article" and "electronic form" and borrows the meaning of other terms from the Protocol and the Common Regulations. Rule 63 makes English the language of international applications and related communications. Rule 64 says notices on both outgoing and incoming international matters are issued, and answered, only in electronic form. If you plan to extend a brand abroad, this chapter sits alongside a trademark registration at home.
For Chapter IV, "Article" means an article of the Madrid Protocol, and "electronic form" has the meaning in section 2(1)(r) of the Information Technology Act, 2000 (rule 62). An international application, any communication for the International Bureau and any notice of extension of protection to India shall be in English (rule 63). Any notice or communication on an international application under section 36D or an international registration designating India under section 36E is issued by the Registrar only in electronic form, and the response is received likewise (rule 64).
Rule 62: definitions for the chapter
"(1) For the purpose of this Chapter, unless the context otherwise requires,— (a) 'Article' means article referred to in Madrid Protocol; (b) 'electronic form' shall have the meaning as is assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000 (21 of 2000);"
"(2) Words and expressions used in these rules, in the context of international application or international registration under Chapter IVA of the Act, but not defined shall have the same meaning and respectively assigned to them in the Madrid Protocol or the Common Regulations."
| Term | Meaning in Chapter IV |
|---|---|
| Article | An article referred to in the Madrid Protocol (for example, rule 69(2) refers to "article 5 of the Madrid Protocol" on refusal periods) |
| Electronic form | As in section 2(1)(r) of the Information Technology Act, 2000 |
| Undefined words about international applications or registrations | The meaning given in the Madrid Protocol or the Common Regulations |
Two points. First, the sub-rule (2) wording is open: any term in these Rules that relates to an international application or registration under Chapter IVA of the Act, and is not defined, takes its meaning from the Protocol or the Common Regulations. The text does not reproduce those instruments, so a reader must consult them. Second, the Act's Madrid provisions are in Chapter IVA, covered in our article on sections 36A to 36C.
The text does not define "International Bureau", "Common Regulations" or "Madrid Protocol" in rule 62; they are used by name in later rules, and the Act's definitions, with the Protocol itself, govern them.
Rule 63: language
"An International Application or any communication relating thereto for transmission to International Bureau or any advice by way of notification of extension of protection to India resulting from the international registration shall be in English."
Three items must be in English:
- an international application;
- any communication relating to it for transmission to the International Bureau; and
- any advice by way of notification of extension of protection to India resulting from the international registration.
Rule 12(1) allows documents filed at the Registry in Hindi or English; rule 63 narrows that for the Madrid channel to English only. The rule does not say what happens if a document is in another language; the Registrar would be unable to transmit it, but the text is silent.
Example: Radhika Handicrafts wants to extend its Indian mark abroad. Its international application, and every communication to the International Bureau routed through the Indian Registry, must be in English, even if some Indian filings could be in Hindi.
Rule 64: electronic issue and response
"Any notice or communication relating to both an international application under section 36D and international registration where India has been designated, under section 36E, shall be issued by the Registrar only in electronic form, and any response thereto shall also be received likewise."
| Element | Text |
|---|---|
| Covers | Notices and communications on (i) international applications under section 36D (those originating from India) and (ii) international registrations designating India under section 36E |
| Registrar issues | "only in electronic form" |
| Response | "received likewise", that is, in electronic form |
Practical results:
- No paper track. Unlike ordinary applications, where rule 14 allows hand delivery or post, Madrid-channel notices are electronic only.
- Two-way. The electronic rule applies to the Registrar's notices and to the responses to them.
- Both directions of the Protocol. Section 36D deals with applications originating in India and section 36E with registrations designating India; rule 64 treats them alike. Our articles on section 36D and section 36E explain them.
- The text does not name the system or email address. Rule 65 names the Trade Marks International Application System for filing from India; check the Registry's notices for other details.
How the first Madrid rules fit the chapter
| Rule | Subject |
|---|---|
| 62 | Definitions; borrowing from the Protocol and the Common Regulations |
| 63 | English language |
| 64 | Electronic notices and responses |
| 65 to 67 | International application originating from India |
| 68 to 69 | Record and examination of international registrations designating India |
| 70 to 74 | Later effects (covered in the next batch of articles) |
Version note
The text is the Rules as notified on 6 March 2017. Later amendments, the Madrid Protocol and the Common Regulations in their current form, and the Registry's notices on electronic communications should be checked. For a practical introduction, see our guide on the Madrid Protocol and international trademark registration from India.
Need help with an international filing?
Madrid filings run in English and electronically, and each step has its own rule. Our trademark registration team can advise on how your Indian mark fits into an international plan.
Key takeaways
- Chapter IV of the Rules deals with international registration under the Madrid Protocol.
- "Article" means an article of the Madrid Protocol; "electronic form" follows the Information Technology Act, 2000.
- Undefined words take their meaning from the Madrid Protocol or the Common Regulations.
- International applications and related communications, and notices of extension of protection to India, must be in English.
- Notices on sections 36D and 36E matters are issued by the Registrar only electronically, and responses are received electronically.
Read next
- Rules 65–67: international application from India, verification and handling fee
- Rules 68–69: record of international registrations and examination under section 36E
- Rule 14: service of documents
- International trademark protection beyond India
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.