Rules 68 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 an international registration designates India, the Registrar enters it in a special electronic record and examines it. Rule 68 creates the "Record of Particulars of International Registration" and says an entry has the same effect in India as an entry in the Register of Trade Marks. Rule 69 sets the examination: ordinarily two months for examination, a provisional refusal before the Madrid refusal period ends, advertisement in a separate part of the Journal ordinarily within six months, opposition under rules 42 to 51, and statements to the International Bureau at the end. A provisional refusal calls for a trademark objection reply prepared against the Indian grounds.
On advice from the International Bureau, the Registrar enters the particulars electronically in the Record of Particulars of International Registration, with the same effect in India as a Register entry (rule 68). The advice is ordinarily examined within two months; if protection cannot be given, he notifies a provisional refusal before the Madrid refusal period under article 5 expires; if there are no grounds he advertises ordinarily within six months in a separate part of the Journal; and opposition follows rules 42 to 51 (rule 69).
Rule 68: the Record of Particulars of International Registration
Sub-rule (1): entering the particulars
"On receipt of advice from the International Bureau about an international registration designating India and notification about the extension of protection resulting from such international registration, the Registrar shall enter all the particulars thereof electronically in a record called the 'Record of Particulars of International Registration'. Any change in the particulars as and when received from the International Bureau shall be entered in the said record."
Sub-rule (2): same effect as the register
"Any entry made in such record shall, to the extent that it applies to India as a designated contracting party, have the same effect as if it had been recorded by the Registrar in the Register of trademarks."
| Element | Text |
|---|---|
| Trigger | Advice from the International Bureau about an international registration designating India, and notification of extension of protection |
| Duty | Enter all particulars electronically in the Record of Particulars of International Registration |
| Later changes | Entered as and when received from the International Bureau |
| Effect | To the extent it applies to India as a designated contracting party, the same as an entry in the Register of trademarks |
So the Record is separate from the Indian register, but an entry there takes effect for India as if it were in the register. The rule does not say how the public may inspect it. Rule 63 requires the advice to be in English, and rule 64 makes notices electronic. The Act's provision is section 36E.
Rule 69: examination of the application under section 36E
The sub-rules in order.
| Sub-rule | What it says |
|---|---|
| (1) | The advice referred to in rule 68 "shall be examined ordinarily within two months from the date of receipt of such advice" |
| (2) | If the Registrar finds that the mark "cannot be protected", he shall, "before the expiry of refusal period applicable under article 5 of the Madrid Protocol", notify the International Bureau of a provisional refusal of protection |
| (3) | If there are no grounds for refusal, he shall advertise the particulars "under section 20 of the Act in a separate part of the trademarks Journal ordinarily within a period of six months from the date of receipt of advice" |
| (4) | Where an opposition is filed under section 21, he shall notify that fact to the International Bureau "as a provisional refusal based on the opposition" in accordance with the Protocol and Common Regulation |
| (5) | The international registration, on receipt of an opposition, "shall be processed in accordance with the provisions contained in rules 42 to 51" |
| (6) | When the procedure in sub-rules (1) to (5) is complete and the Registrar decides to confirm the refusal for all the goods or services, he sends the International Bureau a statement to that effect |
| (7) | Where the provisional refusal is totally or partially withdrawn, he sends (a) a statement that it is withdrawn and protection is granted for all goods or services, or (b) a statement of the conditions or limitations, and the goods or services, for which protection is granted |
| (8) | Where there is no ground to refuse protection, he notifies the International Bureau that protection is granted in India |
| (9) | On any further decision affecting protection in India, he sends a further statement to the International Bureau |
Points to read carefully
- "Ordinarily". Both the two months for examination and the six months for advertisement are "ordinarily", so they are targets.
- The refusal deadline comes from the Protocol. Sub-rule (2) ties the notice of provisional refusal to "the refusal period applicable under article 5 of the Madrid Protocol". The Rules do not give the length of that period. Check the Protocol.
- Separate part of the Journal. Advertisement of an international registration is in "a separate part" of the Journal, which an opponent should watch.
- Opposition runs on the ordinary rules. Sub-rule (5) applies rules 42 to 51, so notice of opposition, counterstatement, evidence, hearing and security for costs follow the ordinary procedure. See our articles on rule 42 and rules 45 to 48. The text does not say that the opposition period is counted from any special date; read rule 42(1) and the Registrar's notices for the Journal publication.
- Every outcome is reported. Sub-rules (6) to (9) require statements to the International Bureau: confirmation of refusal, withdrawal of refusal with or without conditions, a notice that protection is granted, and any later decision.
- No reply period is stated. Rule 69 has no one-month reply rule like rule 33(4); whether the provisional refusal has its own reply period is set by the Protocol and the Registrar's notice, not in rule 69.
A step-by-step view
- International Bureau advice about an international registration designating India is received (rule 68(1)).
- Particulars are entered in the Record, with the effect of a Register entry for India (rule 68).
- Examination, ordinarily within two months (rule 69(1)).
- If refusal is called for: provisional refusal to the International Bureau before the Madrid refusal period ends (rule 69(2)).
- If not: advertisement in a separate part of the Journal, ordinarily within six months of receipt of the advice (rule 69(3)).
- Opposition, if any, is notified as a provisional refusal and processed under rules 42 to 51 (rule 69(4)-(5)).
- The Registrar sends the International Bureau a statement of confirmed refusal, withdrawn refusal or granted protection (rule 69(6)-(9)).
Example: Nova Brew GmbH, a foreign brand, designates India in its international registration for "Nova Crest". The Registrar enters the particulars in the Record and examines the advice within two months. He finds a conflicting earlier Indian mark and notifies a provisional refusal to the International Bureau before the article 5 period ends. Nova's Indian agent files a response; the Registrar withdraws the refusal for some goods and sends a statement of the goods for which protection is granted under sub-rule (7)(b). Had there been no ground to refuse, the mark would have been advertised in a separate part of the Journal within about six months.
Version note
This is the position under the Rules as notified on 6 March 2017. Later amendments should be checked, together with the current Madrid Protocol and Common Regulations.
Need help with a provisional refusal?
A provisional refusal under rule 69(2) has to be answered on the Indian grounds. Our trademark objection reply team can analyse the refusal and prepare the response for filing through your Indian agent.
Key takeaways
- The Registrar enters international registrations designating India in the electronic Record of Particulars of International Registration, with the effect of a Register entry for India.
- The advice is ordinarily examined within two months.
- If protection cannot be given, a provisional refusal must be notified before the article 5 refusal period expires.
- If there are no grounds, advertisement is ordinarily within six months, in a separate part of the Journal.
- Opposition is processed under rules 42 to 51 and notified to the International Bureau as a provisional refusal.
- The Registrar reports each outcome to the International Bureau by statement.
Read next
- Rules 65–67: international application from India, verification and handling fee
- Rules 62–64: Madrid definitions, language and notices
- Rule 33: examination, objection to acceptance and hearing
- 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.