Rules 70 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.
Rules 70 to 74 close Chapter IV of the Trade Marks Rules, 2017, the chapter on protection of trademarks through international registration under the Madrid Protocol. They deal with what the Registrar tells the International Bureau when protection in India is lost, what happens when an international registration is cancelled, how collective and certification mark regulations reach the Registrar, how an international registration replaces an Indian one, and a catch-all rule that makes the Madrid texts apply.
When protection of an international registration ceases or is varied in India because of legal proceedings under the Act, the Registrar notifies the International Bureau (rule 70). If the international registration is cancelled at the request of the office of origin, Article 9 quinquies of the Protocol applies so far as it designates India (rule 71). Regulations for a collective or certification mark must be sent directly to the Registrar within one month of the International Bureau's advice (rule 72). On replacement of an Indian registration, the Registrar notes the international registration in the Register on the holder's request (rule 73). Rule 74 applies the Madrid texts, subject to the Act.
Where these rules sit
These rules implement the Indian side of the Madrid system in the Trade Marks Act, 1999. The Act's provisions on international registrations designating India are covered in our article on Section 36E. Rule 73 names section 36E(6) directly. Rule 72 sits beside the collective and certification mark parts of the Act. Earlier rules of the chapter are explained in Rules 62–64.
If you hold or want an international registration that designates India, our trademark registration team can map the Indian steps against the international ones.
Rule 70: invalidation of protection
Rule 70 is a single sentence. Where "the protection resulting from an international registration has ceased to have effect, or varied, in India, as a result of legal proceedings under the Act, the Registrar shall notify the International Bureau accordingly."
The rule has three parts worth separating:
- Trigger: protection in India has either ceased to have effect or been varied.
- Cause: it must be "as a result of legal proceedings under the Act". The rule does not list which proceedings; it simply refers to the Act.
- Duty: the Registrar notifies the International Bureau. The rule gives no form, no time limit and no fee, so none can be read into it.
For a brand owner, the practical point is that an Indian outcome (for example, a refusal or a cancellation order) is not left sitting only in India; it is reported to the International Bureau.
Rule 71: effect of cancellation of international registration
Rule 71 says: "Where an international registration is cancelled at the request of office of origin, the provisions of article 9 quinquies of the Protocol shall apply to such international registration in so far as it designates India."
Points to note:
- The request for cancellation comes from the office of origin, not from the Indian Registrar.
- The rule applies only "in so far as" the international registration designates India.
- The rule does not reproduce Article 9 quinquies. The text of the Rules does not describe what that Article provides, so this article does not either; readers should read the Protocol itself.
Rule 72: collective and certification trademarks
Where an international registration designating India is "in respect of a collective trademark or a certification trademark", the regulations governing use of that mark "shall be submitted directly, by the holder of that international registration to the registrar within the period of one month from the date of advice by the International Bureau."
| Item | What rule 72 says |
|---|---|
| Who sends | The holder of the international registration |
| To whom | Directly to the Registrar |
| What | The regulations governing use of the collective or certification mark |
| Time | One month from the date of advice by the International Bureau |
| Form / fee | None named in the rule |
The word "directly" matters: the regulations do not go through the International Bureau. The domestic rules on such regulations are covered in the collective and certification mark articles in this series.
Rule 73: replacement of national registration
Section 36E(6) of the Act deals with an international registration that is deemed to replace an Indian registration. Rule 73 supplies the procedure. In that situation:
- The holder of the international registration makes a request.
- The Registrar, "upon request", takes note of the international registration and makes "necessary entry" in the Register maintained under section 6(1) of the Act.
- "Thereafter", the Registrar notifies the International Bureau under rule 21 of the Common Regulations.
An invented example: Kalpana Foods holds Indian registration for the word mark SUNRILL in Class 30. It later obtains an international registration for SUNRILL designating India. Under section 36E(6), the international registration is deemed to replace the Indian one. Kalpana's agent asks the Registrar to take note of it; the Registrar makes the entry in the Indian Register and informs the International Bureau.
The rule is silent on the form, the fee and the time for this request. The reader should check the current forms and the First Schedule.
Rule 74: the Madrid texts apply
Rule 74 has no heading in the notified text. It says: "Subject to provisions of the Act, the provisions of the Madrid Protocol, Common Regulations and Administrative Instructions shall apply in relation to international applications originating from India and international registrations where India has been designated."
Two consequences follow:
- Where the Rules are silent, the Madrid Protocol, the Common Regulations and the Administrative Instructions fill the gap, for both directions: applications from India and designations of India.
- The Act prevails. The words "Subject to provisions of the Act" make the Trade Marks Act, 1999 the senior text.
Drafting note: rule 74 is printed without a heading; this is a printing feature, not a missing rule.
Rules 70–74 at a glance
| Rule | Subject | Who acts | Time limit in the rule |
|---|---|---|---|
| 70 | Protection ceases or is varied in India after legal proceedings | Registrar notifies International Bureau | None stated |
| 71 | Cancellation at request of office of origin | Article 9 quinquies applies | None stated |
| 72 | Regulations of collective or certification mark | Holder of international registration, to Registrar | One month from the International Bureau's advice |
| 73 | Replacement of national registration | Holder requests; Registrar notes and notifies | None stated |
| 74 | Madrid texts apply | Not applicable | Not applicable |
Need help with an international registration that touches India?
If your brand is moving between the Indian Register and a Madrid filing, a short review of dates, dependencies and replacement rights can prevent a gap in protection. TaxClue's trademark registration practice can walk through the entries you will see and the notices the Registrar is expected to send.
Key takeaways
- Rule 70 makes the Registrar tell the International Bureau when protection in India ceases or is varied through legal proceedings under the Act.
- Rule 71 sends cancellation at the office of origin's request to Article 9 quinquies of the Protocol, for designations of India.
- Rule 72 gives holders of collective or certification mark registrations one month from the International Bureau's advice to file regulations directly with the Registrar.
- Rule 73 lets the holder have the international registration noted in the Indian Register when it replaces a national registration under section 36E(6).
- Rule 74 applies the Madrid Protocol, Common Regulations and Administrative Instructions, subject to the Act.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 62–64: Madrid definitions, language and notices
- Rules 65–67: International application from India, verification and handling fee
- Madrid Protocol: International Trademark Registration from India
- Rules 75–77: Application for entry of assignment, case and proof of title
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.