Rules 84 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 84 lists what the Registrar enters in the register once an assignment of a trademark has been allowed. Rule 85 sets the time within which a company still to be formed must be registered as subsequent proprietor under section 46 of the Trade Marks Act, 1999, and how that time can be extended.
When the Registrar has allowed an assignment, the register shows five particulars: the assignee's name and address, the date of the assignment, a description of the right assigned (where the assignment is of a right in the mark), the basis on which it was made, and the date of entry (rule 84). For section 46, a company may be registered as subsequent proprietor on a rule 75 application within six months from the date of advertisement in the Journal of the registration of the trademark, or a further period not exceeding six months if the Registrar allows it on an application in Form TM-P (rule 85).
Where these rules come from
Section 45 of the Act provides for registration of assignments and transmissions; see Section 45. Section 46 deals with the proposed use of a mark by a company yet to be formed; see Section 46. Rule 84 describes the register entry that follows an allowed assignment, and rule 85 expressly serves "sub-section (4) of section 46".
If you are setting up a company to hold a brand, our trademark assignment and transfer team can time the incorporation against the rule 85 window.
Rule 84: particulars entered in the register
The rule applies "where the Registrar has allowed the assignment of a trademark under this Act". There "shall be entered in the register the following particulars of assignment":
| Item | Particular |
|---|---|
| (i) | The name and address of the assignee |
| (ii) | The date of the assignment |
| (iii) | Where the assignment is in respect of any right in the trademark, a description of the right assigned |
| (iv) | The basis under which the assignment is made |
| (v) | The date on which the entry is made in the register |
Observations on each entry:
- Assignee's name and address identify the new owner. An error on Form TM-P will therefore be carried into the register.
- Date of the assignment is the date on which the assignment was made, which is different from the date of the entry.
- Description of the right assigned applies only where the assignment concerns "any right in the trademark", for example a right limited to certain goods or places. A full assignment does not call for it.
- Basis is not defined in the rule. The text says only "the basis under which the assignment is made"; the Rules do not list possible bases.
- Date of entry is a separate date again, stamped by the Registry.
This rule only lists the entries; it does not say who may inspect them or how certificates are issued. See later rules in the Chapter on those points.
An invented example: Meera Textiles assigns its mark LOOMRISE to Asha Home Linens LLP on 10 July, and the Registrar allows the assignment and records it on 3 October. The register shows Asha's name and address, 10 July as the assignment date, the basis (for example, a deed of sale), and 3 October as the entry date. Because the whole mark was assigned, no description of a limited right is needed.
Rule 85: assignment to a company under section 46
Rule 85 begins: "For the purposes of sub-section (4) of section 46, the period within which a company may be registered as the subsequent proprietor of a registered trademark upon application made under rule 75 shall be six months from the date of advertisement in the Journal of the registration of the trademark or such further period not exceeding six months as the Registrar may allow on application being made in Form TM-P by the applicant for registration of title or the registered proprietor, as the case may be, at any time before or during the period for which the extension can be allowed."
That long sentence contains five separate rules:
| Question | Answer from rule 85 |
|---|---|
| Whose period? | The period within which a company may be registered as subsequent proprietor |
| Under which application? | An application made under rule 75 (Form TM-P) |
| Basic period | Six months from the date of advertisement in the Journal of the registration of the trademark |
| Extension | Such further period not exceeding six months as the Registrar may allow |
| How to seek extension | Application in Form TM-P, by the applicant for registration of title or by the registered proprietor, "as the case may be" |
| When to seek extension | "at any time before or during the period for which the extension can be allowed" |
Reading the timeline
The six months start on advertisement of the registration in the Journal, not on the date of the certificate or the date of incorporation. The maximum with extension is therefore twelve months in all (six plus not more than six more), though the Registrar "may allow" the extension: it is not automatic.
The words "at any time before or during the period for which the extension can be allowed" are awkwardly drafted. They can be read as letting the request be made before the six months end, or during the extension period; the text does not say more. A careful applicant will file the extension request well before the first six months run out.
An invented example: Sathya Brands registers the mark SALTRAIL in the name of its founders, intending that a company, Saltrail Foods Pvt Ltd, will use it once formed. The registration is advertised in the Journal on 1 March. The company is registered as subsequent proprietor on a rule 75 application filed before 1 September, which is six months later. If incorporation is delayed, the founders file Form TM-P before that date to ask for further time of up to six months.
Drafting note: sub-rule wording refers to "the applicant for registration of title or the registered proprietor, as the case may be". The rule does not say which of the two applies in which case, so the extension request may be made by either, depending on the facts.
Rules 84 and 85 together
| Point | Rule 84 | Rule 85 |
|---|---|---|
| Subject | What the register shows after an allowed assignment | Time limit for a company to be registered under section 46(4) |
| Trigger | Registrar allows the assignment | A rule 75 application by a company |
| Time stated | None | Six months from Journal advertisement; extension up to six more |
| Form | Not applicable | Form TM-P for the extension request |
Need help moving a brand into a company?
Timing is the main risk in a rule 85 case: the window runs from the Journal, not from your own calendar. TaxClue's trademark assignment and transfer practice can set a filing calendar, prepare Form TM-P and check the register entry once the assignment is allowed.
Key takeaways
- On an allowed assignment, the register records the assignee's name and address, the date of assignment, any right assigned, the basis and the date of entry (rule 84).
- A company must be registered as subsequent proprietor within six months from the date of advertisement in the Journal of the registration, for section 46 purposes (rule 85).
- The Registrar may allow a further period not exceeding six months on an application in Form TM-P.
- Extension is discretionary ("may allow"), so request it early.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 82–83: Separate registration and Registrar's certificate or approval
- Rules 86–88: Registered user application, consideration and hearing
- Trademark Assignment Deed: Draft and Template
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.