Rules 65 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.
When India is the country of origin, an international application under the Madrid Protocol passes through the Indian Registrar before it reaches the International Bureau. Rules 65 to 67 set the steps. The application is filed electronically through the Trade Marks International Application System. The Registrar certifies its contents in Form MM2(E) and forwards it within two months if it complies, or sends a notice if it does not. A handling fee is paid in Indian rupees, electronically, with the application. These steps belong to any plan to take a trademark registration beyond India.
An international application originating from India, and any communication relating to it, is filed electronically through the Trade Marks International Application System (rule 65). The Registrar certifies the contents in Form MM2(E) and, if the application complies, forwards it to the International Bureau within two months of receipt; if it does not, he does not forward it and requires compliance by notice (rule 66). A handling fee is paid in Indian rupees, electronically, along with the application (rule 67).
Rule 65: where and how to file
"International application originating from India, or any communication relating thereto in accordance with the Common Regulations shall be filed electronically through the Trade Marks International Application System."
So there is one route: electronic filing through the Trade Marks International Application System, for the application and for any communication relating to it under the Common Regulations. The rule names no paper alternative. Rule 63 requires English, and rule 64 requires notices from the Registrar and responses to be electronic. The Act's provision for applications originating in India is section 36D. The rules read here do not say who may file; that is a question under the Act and the Protocol.
Rule 66: verification and certification
Sub-rule (1): certify the contents on MM2(E)
"Where an international application is filed under section 36D for transmission to the International Bureau, the Registrar shall certify the contents of the application in Form MM2(E) as provided by International Bureau subject to the payment of fees as specified in Entry Number 23 of the First Schedule."
Form MM2(E) is "as provided by International Bureau"; it is not one of the forms printed in the Second Schedule, so the Rules do not reproduce it. The certification is subject to payment of the fee in entry 23.
Sub-rule (2): compliant applications
"Where the international application complies with the requirements, the Registrar shall so certify in the international application indicating also the date on which the said international application was received; and shall forward the same to the International Bureau within two months from the date of receipt of the said application."
Sub-rule (3): non-compliant applications
"Where the international application does not meet the requirements, the Registrar shall not forward it to the International Bureau, and shall require the applicant by notice to comply with the requirement as specified therein, and shall forward the International Application only after such compliance within the period specified in the notice."
| Situation | What the Registrar does |
|---|---|
| Application complies | Certifies, notes the date of receipt, and forwards to the International Bureau within two months from receipt |
| Application does not comply | Does not forward; sends a notice requiring compliance; forwards only after compliance within the period specified in the notice |
Notes:
- Two months from receipt. The two-month period in sub-rule (2) runs from receipt by the Registrar, and applies to an application that complies.
- The period in the notice. Sub-rule (3) leaves the period to the notice. The Rules give no fixed figure. If compliance is not made in the period, the text does not say what happens; it says only that the Registrar forwards "only after such compliance".
- "Requirements". The rules do not list them here; they come from the Act, the Protocol and the Common Regulations.
- Electronic notices. By rule 64, the notice and the response are electronic.
Rule 67: handling fee
"A handling fee as specified in First Schedule shall be payable to the Registrar for certification and transmittal of international application to the International Bureau and such fee shall be paid in Indian rupees electronically along with the application."
The fee head in the First Schedule is entry 23: "Handling fee for certification and transmission of international application to International Bureau with MM2(E)". As notified in 2017 (check the current Schedule), the amount is Rs 5,000, with the physical-filing column showing "Not allowed". So the fee, like the application, is electronic only.
| Element | Text |
|---|---|
| Fee head | Entry 23 of the First Schedule |
| Amount as notified in 2017 | Rs 5,000 (e-filing); "Not allowed" for physical filing |
| Paid to | The Registrar |
| For | Certification and transmittal of the international application to the International Bureau |
| Currency and mode | Indian rupees, electronically, along with the application |
This is a fee payable to the Indian Registrar. The rules read here do not deal with fees charged by the International Bureau or any other office; those are outside the text and must be checked separately.
Putting the steps together
- Prepare the application in English (rule 63).
- File it electronically through the Trade Marks International Application System (rule 65).
- Pay the handling fee in rupees electronically with the application (rule 67; entry 23).
- The Registrar certifies the contents in Form MM2(E) (rule 66(1)).
- If it complies, it is forwarded within two months of receipt (rule 66(2)); if not, a notice requires compliance (rule 66(3)).
Example: Samarth Spices Pvt Ltd holds an Indian registration and wants an international registration. It files its international application in English through the Trade Marks International Application System and pays the handling fee in rupees electronically. The Registrar finds a defect in the list of goods. Under rule 66(3) he does not forward it and sends a notice. Samarth complies within the period in the notice, and the Registrar then forwards the application. Had there been no defect, he would have forwarded it within two months from receipt. For an overview of the process, see our guide on how to file an international trademark under the Madrid Protocol.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments and the current forms and fees should be checked.
Need help with an international application from India?
A defect in the application delays forwarding, and the system and fee are electronic only. Our trademark registration team can advise on the international route and the Indian steps in it.
Key takeaways
- International applications originating from India are filed electronically through the Trade Marks International Application System.
- The Registrar certifies the contents in Form MM2(E), subject to the entry 23 fee.
- A compliant application is forwarded within two months from receipt; a non-compliant one is held until compliance after notice.
- The handling fee is paid in Indian rupees, electronically, with the application.
- As notified in 2017, entry 23 is Rs 5,000 for e-filing; physical filing is not allowed.
Read next
- Rules 62–64: Madrid definitions, language and notices
- Rules 68–69: record of international registrations and examination under section 36E
- Rule 10: fees and mode of payment
- Madrid Protocol: international trademark registration from 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.