Rules 82 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 82 and 83 deal with two situations in which an assignment is more than a simple change of name on the register. Rule 82 says what happens when a registration is split between different owners. Rule 83 sets out how to ask the Registrar for a certificate under section 40(2) or a notification of approval under section 41 of the Trade Marks Act, 1999.
Where an application under rule 75 results in different persons becoming registered separately under the same registration number, because the goods or services, or the places or markets, were divided, each resulting registration is deemed a separate registration for all the purposes of the Act (rule 82). A person who wants the Registrar's certificate under section 40(2) or notification of approval under section 41 applies in Form TM-P with a statement of case in duplicate and a copy of the instrument or proposed instrument (rule 83). The Registrar may call for evidence, may hear the applicant and other interested persons, and issues a certificate or a written approval or disapproval.
The Act behind the rules
Sections 40 and 41 restrict assignments that would create multiple exclusive rights in different persons in different places; our article on Sections 40–41 explains them. The registration of the resulting titles is covered under Section 45. Both rules here are procedural: they say how the Registry treats the outcome and how the applicant gets the Registrar's clearance.
If you are dividing a brand between buyers, our trademark assignment and transfer team can structure the deed and the application so that the Registrar's clearance is in hand before you sign.
Rule 82: separate registration
The rule applies "where pursuant to an application under rule 75, and as the result of a division and separation of the goods or services of a registration or a division and separation of places or markets, different persons become registered separately under the same registration number as subsequent proprietors of a trademark".
In that situation, "each of the resulting separate registrations in the names of those different persons shall be deemed to be a separate registration for all the purposes of the Act."
Reading it element by element:
| Element | Text of rule 82 |
|---|---|
| Starting point | An application under rule 75 (Form TM-P, to register title) |
| What was divided | Goods or services of a registration, or places or markets |
| Result | Different persons registered separately under the same registration number |
| Legal effect | Each resulting registration is deemed a separate registration for all purposes of the Act |
The practical meaning is that, although the registration number stays the same, each new proprietor holds a registration that stands on its own. The text does not spell out what "all the purposes of the Act" cover; it is a deeming provision, and the Act's own provisions (renewal, removal, enforcement) are then read separately for each registration. The text of the Rules does not elaborate beyond that.
An invented example: Harbour Footwear holds registration for the mark SEAMARK in Class 25 for "shoes" and "sandals". It assigns the mark for "shoes" to Ridge Boots Ltd and for "sandals" to Palm Sandals LLP. If the Registrar allows both under rule 75, the register shows the two persons separately under the same registration number, and by rule 82 each entry is deemed a separate registration.
Rule 83: certificate or approval
The rule is for "any person who desires to obtain the Registrar's certificate under sub-section 2 of section 40 or his notification of approval under section 41". Such a person "shall send to the Registrar with his application in Form TM-P":
- a statement of case in duplicate setting out the circumstances; and
- a copy of any instrument or proposed instrument effecting the assignment or transmission.
Note the words "proposed instrument": the application may be made before the deed is final, which is useful since the Registrar's view can shape the terms.
What the Registrar may do
| Step | Text of rule 83 |
|---|---|
| Call for more | "any evidence or further information that he may consider necessary" |
| Amend the statement | The statement of case "shall be amended if required to include all the relevant circumstances" |
| Verify | It shall, "if required, be verified by an affidavit" |
| Hear | "after hearing (if so required) the applicant and any other person whom the Registrar may consider to be interested in the transfer" |
| Decide | Issue "a certificate thereon or a notification in writing of approval or disapproval thereof, as the case may be, to the applicant" |
| Inform | "shall also inform such other person accordingly" |
Two housekeeping requirements follow:
- Where a statement of case is amended, three copies of its final form must be left at the Trade Marks Registry.
- The Registrar "shall seal a copy of the statement of case in its final form to the certificate or notification".
So the statement of case is not merely a covering note: the Registrar attaches the final version to the certificate or notification, which fixes the facts on which the clearance was given.
The rule does not state a time within which the Registrar will decide, does not describe what a certificate under section 40(2) must conclude (that is for the Act), and does not state a fee. For fees check the First Schedule.
An invented example: Lotus Beverages wishes to assign its mark MANGOSIP for a region to a new distributor while keeping it elsewhere. Before signing, it files Form TM-P with a statement of case in duplicate and a draft deed under rule 83. The Registrar calls for an affidavit verifying the statement, hears Lotus and, as an interested person, the existing licensee, and then issues a written notification of approval or disapproval. A sealed copy of the final statement of case is attached to it.
How rules 82 and 83 connect
| Question | Rule 82 | Rule 83 |
|---|---|---|
| Stage | After the Registrar allows the rule 75 application | Before or alongside the assignment |
| Purpose | Fix how divided registrations are treated | Obtain certificate or approval under the Act |
| Form | Same Form TM-P application under rule 75 | Form TM-P with statement of case in duplicate |
| Outcome | Each resulting registration is a separate registration | Certificate, or written approval or disapproval |
Need help with a split or conditional assignment?
Divided assignments are where mistakes cost most, because a deed can be signed before clearance is sought. TaxClue's trademark assignment and transfer practice can draft the statement of case, assemble the instrument and attend the hearing if one is called.
Key takeaways
- After a division of goods, services, places or markets under a rule 75 application, each resulting registration is a separate registration for all purposes of the Act (rule 82).
- To obtain a section 40(2) certificate or a section 41 approval, apply in Form TM-P with a statement of case in duplicate and a copy of the instrument or proposed instrument (rule 83).
- The Registrar may ask for evidence, require an affidavit, and hear the applicant and other interested persons.
- Three copies of an amended statement go to the Registry, and a copy is sealed to the certificate or notification.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 80–81: Advertisement and entry of assignment without goodwill
- Rules 84–85: Entry of assignment in the register and assignment to a company
- Transmission of a Trademark on Death or Succession
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.