Rules 80 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.
A trademark can be assigned together with the goodwill of the business or without it. Where it is assigned without goodwill, section 42 of the Trade Marks Act, 1999 requires the Registrar's directions on advertising the assignment. Rules 80 and 81 supply the procedure: how to ask for the directions, what to state, and what to leave at the Registry before the entry of the assignment can go on.
An application for the Registrar's directions under section 42 is made in Form TM-P, states the date of the assignment and gives particulars of the registration (or, for an unregistered mark, the mark and its user) (rule 80(1)). The Registrar may refuse to consider such an application where section 41 applies, unless the Registrar's approval has been obtained and referenced (rule 80(2)). A request for more time to make the application is also in Form TM-P (rule 80(3)). When the assignment itself is later entered, the application under rule 75 must say whether the mark was used and whether the assignment was without goodwill; if both are true, the directions and proof of advertisement must be left at the Registry (rule 81).
The law behind the rules
Section 42 of the Act sets conditions for an assignment "otherwise than in connection with the goodwill of the business"; see our article on Section 42. Section 41 deals with restrictions on assignment creating multiple exclusive rights, which require the Registrar's approval; see Sections 40–41. The rules here connect the two: rule 80 is the application for directions, and rule 81 is the checkpoint at the time of recording title.
For a general overview of when goodwill matters, read our post on assignment with and without goodwill. If you are planning such an assignment, our trademark assignment and transfer team can help sequence the directions, the advertisement and the title application.
Rule 80(1): the application for directions
"An application for directions under section 42 shall be made in Form TM-P and shall state the date on which the assignment was made."
What the application must contain, as printed:
| Case | What the application gives |
|---|---|
| Registered trademark | "particulars of the registration" |
| Unregistered trademark | "the trademark" and particulars "including user of the unregistered trademark that has been assigned therewith" |
| All cases | The date on which the assignment was made |
The Registrar "may call for any evidence or further information", and "if he is satisfied with regard to the various matters he shall issue directions in writing with respect to the advertisement of the assignment."
Two points stand out. First, the Registrar's directions are in writing. Second, the satisfaction required is about "the various matters", which the rule does not list; they are the matters the application and the evidence disclose. The rule does not say what the advertisement must contain, where it must appear, or how many times. Those details come in the Registrar's directions, so none can be stated from the Rules alone.
Rule 80(2): where section 41 applies
"The Registrar may refuse to consider such an application in a case to which section 41 applies, unless his approval has been obtained under the said section and a reference identifying the Registrar's notification of approval is included in the application."
In plain terms:
- The word is "may": it is a discretion, not an automatic bar.
- It applies only "in a case to which section 41 applies".
- The way to avoid a refusal is to hold the Registrar's approval under section 41 and put in the application a reference identifying the notification of approval.
The approval itself is applied for under rule 83, which is covered in Rules 82–83.
Rule 80(3): extension of time
"A request for an extension of the period within which the application mentioned in sub-rule (1) shall be made shall be in Form TM-P". The sentence is printed without a closing full stop in the notified text, which is a typographical point only.
The rule itself names no period within which the sub-rule (1) application must be made; that period comes from the Act. The rule is silent on the length of any extension and on what the request must contain beyond the form.
Rule 81: what the application for entry must state
Rule 81 deals with an application under rule 75 (the Form TM-P application to register title) "relating to an assignment of a trademark in respect of any goods or services". It "shall state":
- (a) whether the trademark had been or was used in the business in any of those goods or services; and
- (b) whether the assignment was made otherwise than in connection with the goodwill of that business.
"…and if both those circumstances subsisted", the applicant must leave at the Trade Marks Registry:
- a copy of the directions to advertise the assignment, obtained upon the rule 80 application; and
- such proof, "including copies of advertisements or otherwise, as the Registrar may require", to show that the directions have been fulfilled.
The final consequence is stated in the rule: "if the Registrar is not satisfied that the directions have been fulfilled, he shall not proceed with the application."
So the two applications chain together: rule 80 first (directions), advertise, then rule 75/81 (entry), with proof.
An invented example: Bluefern Snacks assigns its brand NIBBLEJOY, which it has used on Class 29 goods, to Tamarind Foods but keeps its factory and customer lists (so the assignment is not with the goodwill). Before recording title, Tamarind files Form TM-P under rule 80 giving the assignment date and registration particulars. The Registrar issues written directions on advertising. After the advertisement appears, Tamarind files its rule 75 application, states that the mark was used and that the assignment was without goodwill, and leaves the directions and copies of the advertisements at the Registry.
Sequence at a glance
| Step | Form / document | Rule |
|---|---|---|
| Apply for Registrar's directions on advertisement | Form TM-P, with assignment date and particulars | 80(1) |
| Where section 41 applies, show Registrar's approval and reference | Reference to notification of approval | 80(2) |
| Seek more time to apply, if needed | Form TM-P | 80(3) |
| Apply to register title and state use and goodwill position | Form TM-P (rule 75) | 81 |
| Leave directions and proof of advertisement at the Registry | Copy of directions, advertisements or other proof | 81 |
The rules do not state a fee; check the First Schedule for the current entry.
Need help with an assignment without goodwill?
The order of steps matters: directions before advertisement, advertisement before the title entry. TaxClue's trademark assignment and transfer practice can prepare the application and keep the proof of advertisement ready for the Registry.
Key takeaways
- The application for the Registrar's directions under section 42 is made in Form TM-P with the assignment date and particulars of the registration (or the unregistered mark and its user) (rule 80(1)).
- Where section 41 applies, the Registrar may refuse to consider the application unless approval is obtained and referenced (rule 80(2)).
- Extension of time to make the application is also sought in Form TM-P (rule 80(3)).
- At the title stage, the application must state whether the mark was used and whether the assignment was without goodwill (rule 81).
- If both are true, leave the directions and proof of advertisement at the Registry; if the Registrar is not satisfied they were carried out, the application will not proceed.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 78–79: Impounding of instruments and transmission of money outside India
- Rules 84–85: Entry of assignment in the register and assignment to a company
- Specimen Deed of Assignment of a Registered Trademark
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.