Rules 75 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 75 to 77 open Chapter V of the Trade Marks Rules, 2017 (Assignment and Transmission). They say which form a new owner files to have title recorded, what must go with it, how soon the Registrar ordinarily disposes of it, and when the Registrar may ask for more proof.
A person who becomes entitled to a registered trademark by assignment or transmission applies in Form TM-P (rule 75). With the form goes a duly certified copy of the original document, instrument or deed and a statement of case (rule 76(1)). The Registrar ordinarily disposes of the application within three months from the date of application (rule 76(2)). Where there is reasonable doubt, the Registrar may call for further proof of title (rule 77).
What these rules implement
Section 45 of the Trade Marks Act, 1999 requires a person who becomes entitled to a registered trademark by assignment or transmission to apply to the Registrar to register title. Our article on Section 45 explains the Act. Rules 75 to 77 give the form, the supporting papers and the timing. Rules 78 to 85, which follow, are covered in the next articles of this series.
If you have bought a mark, inherited one or taken it through a merger, our trademark assignment and transfer team can check your papers before the form is filed.
Rule 75: Form TM-P
Rule 75 reads: "An application to register the title of a person who becomes entitled by assignment or transmission to a registered trademark shall be made in Form TM-P."
Three things follow directly from the text:
- The applicant is the person who has become entitled, that is, the new owner and not the old one.
- The subject is a registered trademark. The rule is about registered marks only.
- The form is TM-P. The same form is used elsewhere in the Chapter (for example in rules 80, 83, 85 and 96), but this article is about the rule 75 application only.
The rule treats "assignment" and "transmission" together. The text does not define either word; they carry their meaning in the Act. A sale or gift by deed is typically an assignment, while passing of title on death or by operation of law is the territory of transmission. See our post on transmission on death and succession for the background.
Rule 76(1): what goes with the form
A person applying under rule 75 must file, "along with his request in form TM-P":
- a duly certified copy of the original document, instrument or deed, "as the case may be", purporting to transfer the title in the trademark; and
- a statement of case in support of the request.
| Item | Rule 76(1) wording | Practical reading |
|---|---|---|
| Form | Form TM-P | The request itself |
| Title document | "duly certified copy of original document, instrument or deed" | A certified copy, not the original; the rule does not say who must certify it |
| Statement of case | "a statement of case in support of his request" | A short account of how the applicant became entitled |
The word "purporting" in the rule is chosen carefully. The document need only purport to transfer title; it is the Registrar who decides whether the title is made out. The rule does not prescribe a format for the statement of case, and the text is silent on its length or on any affidavit at this stage. (Rule 83 separately requires a statement of case in duplicate for certain certificates and approvals; that is a different application.)
An invented example: Meera Textiles Pvt Ltd sells its registered mark LOOMRISE for Class 24 goods to Asha Home Linens LLP by a deed dated in July. Asha files Form TM-P with a certified copy of the deed and a statement of case saying that it bought the mark by that deed and that the seller has since stopped using it. Those are the documents rule 76(1) asks for.
Rule 76(2): the three-month target
"The Registrar shall dispose of an application made under rule 75 ordinarily within three month from the date of application and intimate the same to the applicant."
Read the sentence in parts:
- "Ordinarily" makes three months a target, not a hard deadline. The rule does not say what happens if the target is missed, and no consequence should be read into it.
- The period runs from the date of application, not from the date the papers are completed.
- The Registrar must intimate the result to the applicant. The rule does not say how, so the mode is left to the Registry.
Drafting note: the rule prints "three month" (singular); the period is plainly three months.
Rule 77: proof of title
Rule 77 gives the Registrar a power: "where there is a reasonable doubt about the veracity of any statement or any document furnished", the Registrar may "call upon any person who applies to be registered as proprietor of a registered trademark to furnish such proof or additional proof of title as the Registrar thinks fit."
Notice what triggers the power and what it covers:
- Trigger: a "reasonable doubt" about the truth of a statement or a document. A routine application with consistent papers does not give rise to this power.
- Target: any person applying to be registered as proprietor.
- Content: "such proof or additional proof of title as the Registrar thinks fit". The rule leaves the kind of proof to the Registrar, so it cannot be stated in advance.
- No time limit or form is named in the rule for the Registrar's call. The notice itself would set the time.
A well-prepared application leaves less room for doubt. The usual causes are a name on the deed that differs from the name on the register, a missing link in a chain of assignments, or a deed that does not describe the mark clearly. These are examples for planning, not matters stated in the rule.
Order of steps
| Step | Who | Rule |
|---|---|---|
| File Form TM-P with certified deed and statement of case | New owner | 75, 76(1) |
| Registrar may ask for more proof where there is reasonable doubt | Registrar | 77 |
| Disposal and intimation, ordinarily within three months | Registrar | 76(2) |
The later steps in the chapter, such as impounding of unstamped instruments, permission for transmission of money outside India, and entry in the register, are covered in the articles on Rules 78–79 and Rules 84–85.
Need help recording an assignment?
A clean chain of title is easier to record than to repair. TaxClue's trademark assignment and transfer practice can review the deed against the register, prepare the statement of case and file Form TM-P.
Key takeaways
- Form TM-P is the application to register title after an assignment or transmission of a registered trademark (rule 75).
- File it with a duly certified copy of the deed or instrument and a statement of case (rule 76(1)).
- The Registrar ordinarily decides within three months of the date of application and intimates the applicant (rule 76(2)).
- On reasonable doubt, the Registrar may call for proof or additional proof of title (rule 77).
- This text is the Rules as notified on 6 March 2017; check later amendments to forms and fees.
Read next
- Rules 78–79: Impounding of instruments and transmission of money outside India
- Rules 82–83: Separate registration and Registrar's certificate or approval
- Assignment of a Trademark With and Without Goodwill
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.