Of the Trade Marks 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.
Rule 8 says where documents and fees must be sent: to the appropriate office of the Trade Marks Registry fixed under rule 4. Rule 9 says who may issue notices and communications on behalf of the Registrar. They are short rules, but they decide whether your paper is treated as properly filed and whether a notice you receive is properly issued. If you are preparing an application, a trademark registration review of where and how to file can prevent avoidable delay.
All applications, notices, statements, other documents and fees under the Act or the Rules must be made, served, left, sent or paid to the appropriate office of the Trade Marks Registry (rule 8). The Registrar may, by notification in the Journal, allow certain forms or documents, other than the application for registration, to be filed in any other office. A notice may be issued by the Head of Office or any other officer authorised by the Registrar (rule 9).
Rule 8: leaving of documents and fees
Rule 8 says that "All applications, notices, statements or other documents or any fees authorised or required by the Act or the rules to be made, served, left or sent or paid at or to the Trade Marks Registry" must go to the appropriate office. It covers two groups of marks, the same two that rule 4 distinguishes:
- a trademark on the register on the notified date; and
- a trademark for which an application is pending on the notified date or is made on or after it.
The verbs matter. Documents may be "made, served, left or sent", and fees "paid". The rule is not limited to the application itself: a notice of opposition, a counterstatement, an affidavit and a request on Form TM-M all fall under "applications, notices, statements or other documents". For which office that is, see our article on rules 3 and 4.
The proviso: other offices by notification
The proviso reads: "the Registrar may, by notification in the journal, permit the filing of certain forms or documents, other than the application for the registration of a trademark in any other office of the Trade Marks Registry".
| Feature | What the text says |
|---|---|
| Who decides | The Registrar |
| How | By notification in the Journal |
| What may be allowed | Certain forms or documents |
| What may not be moved | The application for registration of a trademark |
| Where | Any other office of the Trade Marks Registry |
Two limits follow. First, a permission is not general: it applies only to the forms or documents the notification lists. Second, the application for registration always stays with the appropriate office. The rule itself does not name any forms; if you rely on the proviso, read the current notification in the Journal, because the Rules as notified in 2017 do not carry that list.
How rule 8 fits with other rules
- Fees. Rule 10 deals with how fees may be paid (electronically, in cash, by money order, bank draft or banker's cheque). Where the payment is by draft or cheque, rule 10(3) and (4) require it to be drawn at the place where the appropriate office is situated and made payable to the Registrar at that office. Rule 8 sets the destination; rule 10 sets the mode.
- Electronic filing. Rule 12(4) and rule 14(5) let the Registrar permit electronic filing and online gateway filing after informing the public in the Journal. Where you file online, the system routes the document, but the legal destination remains the appropriate office.
- Time of receipt. Rule 14(2) deals with when a posted document is deemed made or left. Rule 8 does not itself say when a document is deemed received.
Example: Karan Tea Traders has its principal place of business in a city covered by one Registry office. It files an application, then later a request on Form TM-M. Both go to that office under rule 8. If the Registrar has notified in the Journal that a particular form can be filed at any office, Karan could use that facility for that form, but never for a fresh application for registration.
Rule 9: who issues notices
Rule 9 reads: "Any notice or communication relating to an application, matter or proceeding under the Act or the rules may be issued by the Head of Office or any other officer authorised by the Registrar."
Points to note:
- The power is to issue. Rule 9 says nothing about how the notice is served; that is in rule 18 (service by the Registrar) and rule 17 (the address for service).
- The rule says "may", and it names two categories: the Head of Office, and any other officer authorised by the Registrar. It does not name the post of the Head of Office; the Act's provisions on officers are in sections 3 to 5.
- It covers notices "relating to an application, matter or proceeding", which is wide enough to take in examination reports, hearing notices and notices of opposition.
- The text does not say how a party can check that the signing officer was authorised. If you doubt a notice, ask the Registry or take professional advice rather than ignore it.
Example: A hearing notice reaches Karan, signed by an officer other than the Registrar. Under rule 9, the notice can be issued by "any other officer authorised by the Registrar", so the signature of a Head of Office or authorised officer is not a ground, on the text alone, to treat it as invalid.
Version note
The text is the Rules as notified on 6 March 2017. Later amendments and the Registrar's later notifications in the Journal are not reflected; check them.
Need help with filing at the Registry?
Sending the right document, with the right fee, to the right office is the first step in any matter. If you want a professional to handle the filing, our trademark registration service can prepare and file the papers for you.
Key takeaways
- Documents and fees go to the appropriate office (rule 8), for both existing registrations and applications.
- The Registrar may permit certain forms or documents to be filed at another office by notification in the Journal, but never the application for registration.
- Rule 9 lets the Head of Office or another authorised officer issue notices.
- Rules 10, 14, 17 and 18 deal with payment, delivery, address and service.
Read next
- Rules 3–4: principal place of business and the appropriate office
- Rule 10: fees and mode of payment
- Rule 14: service of documents
- Trade Marks Registry: offices, jurisdiction and powers
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.