Rules 86 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 86 to 88 open Chapter VI (Registered User). They set out how a licensee is registered as a registered user of a registered trademark: the joint application in Form TM-U, the six-month limit counted from the agreement, how the Registrar considers the application, and the hearing that must precede a refusal or a conditional acceptance.
The application for registration as registered user under section 49 is made jointly by the proposed user and the registered proprietor in Form TM-U, with the documents required by section 49(1) (rule 86(1)). No application will be entertained unless filed within six months from the date of the agreement referred to in section 49(1)(a) (rule 86(3)). If satisfied that the papers comply with the Act and the Rules, the Registrar registers the user for the goods or services as to which the Registrar is satisfied (rule 87). The Registrar may refuse, or accept with conditions, only after giving the parties a hearing, and must communicate the order in writing (rule 88).
Which part of the Act this serves
Section 48 of the Trade Marks Act, 1999 provides for registered users, and section 49 for registration of a person as a registered user. See our articles on Section 48 and Section 49. For the commercial side of a licence, see our post on trademark licensing and the registered user agreement.
If you are planning to license a brand and want the licensee on the register, our trademark assignment and transfer team can check the agreement and the filing window.
Rule 86: the application
Sub-rule (1): who files, which form
The application "shall be made jointly by that person and the registered proprietor of the trademark in Form TM-U and shall be accompanied by the documents, evidence and details as required in sub-section (1) of section 49."
So there are two signatories, the proposed registered user and the registered proprietor. The documents required are those in section 49(1); the rule points to them without listing them, and this article does not list them from the Act. See the Section 49 article for the Act's list.
Sub-rule (2): more documents on request
"The registered proprietor and the proposed registered user shall also produce and file such other documents and furnish such other evidence and information as may be required in that behalf by the Registrar." The extent is left to the Registrar's requirement.
Sub-rule (3): the six-month limit
"No application shall be entertained unless the same has been filed within six months from the date of the agreement referred to in clause (a) of sub-section (1) of section 49."
This is a hard bar in the rule's own words ("No application shall be entertained"). The six months count from the date of the agreement, not from the date of use or the date of signing the application. Rule 86 itself mentions no extension. Rule 109(1), the general rule on extension of time, expressly leaves out "the time ... prescribed ... by sub-rule (3) of rule 86", so the general extension route does not cover this period.
Sub-rule (4): several marks, one agreement
Where the same registered proprietor and the same proposed registered user make more than one application "in respect of trademarks covered by the same agreement", the documents mentioned in section 49(1) "may be filed with any one of the applications and a cross reference to such documents given in the other application or applications." This avoids duplicate filing of the same agreement.
| Sub-rule | Point | Text |
|---|---|---|
| 86(1) | Joint filing in Form TM-U | By the proposed user and the registered proprietor together |
| 86(2) | Further papers | As the Registrar may require |
| 86(3) | Time limit | Within six months from the date of the agreement |
| 86(4) | Several marks, one agreement | Documents with one application; cross reference in the others |
An invented example: Orchid Cosmetics (registered proprietor of ORCHIDGLOW and ORCHIDGLOW SPA) signs a licence agreement on 5 February with Tulsi Wellness Pvt Ltd. Both file two Form TM-U applications, one for each mark, within six months of 5 February. The agreement and other section 49(1) documents are filed with one application, and the second application cross-refers to them.
Rule 87: consideration by the Registrar
"The Registrar under sub-section (2) of section 49, shall, if satisfied that the application and the accompanying documents comply with the relevant provisions of the Act and the rules, register the proposed registered user in respect of the goods or services as to which he is so satisfied."
Note three things:
- Duty to register once satisfied: "shall", not "may".
- Test: compliance with "the relevant provisions of the Act and the rules".
- Partial registration is possible: registration is "in respect of the goods or services as to which he is so satisfied", so a user may be registered for some goods or services only.
Rule 88: hearing before refusal or conditional acceptance
"The Registrar may, after giving an opportunity of hearing to the parties concerned, either refuse the application or accept the same with such condition(s), if any, as he may think fit and shall communicate such order in writing to the parties."
| Element | Text of rule 88 |
|---|---|
| Precondition | An opportunity of hearing to the parties concerned |
| Choices | Refuse, or accept with such conditions as the Registrar thinks fit |
| Communication | The order is communicated in writing to the parties |
The rule does not state a period for the hearing notice, a form for a request to be heard, or a fee. The general hearing rule is rule 115, covered elsewhere in this series.
Timeline and steps
| Step | Who | Rule |
|---|---|---|
| Licence agreement signed | Proprietor and user | Referred to in section 49(1)(a) |
| Joint Form TM-U filed within six months of the agreement | Proprietor and proposed user | 86(1), 86(3) |
| Extra documents and evidence | Both | 86(2) |
| Registrar registers if satisfied | Registrar | 87 |
| Hearing, then refusal or conditional acceptance, in writing | Registrar | 88 |
Entry in the register and publication follow under rule 89, covered in Rules 89–91.
Need help registering a licensee?
The six-month limit under rule 86(3) catches many licence arrangements that were signed first and registered later. TaxClue's trademark assignment and transfer practice can review the licence against section 49(1), prepare the joint Form TM-U and represent you if a hearing is called.
Key takeaways
- The application is joint, in Form TM-U, by the registered proprietor and the proposed user (rule 86(1)).
- It must be filed within six months from the date of the agreement; otherwise it will not be entertained (rule 86(3)).
- For several marks under one agreement, the section 49(1) documents may go with one application and be cross-referred in the rest (rule 86(4)).
- The Registrar registers the user for the goods or services as to which the Registrar is satisfied (rule 87).
- Refusal or conditional acceptance comes only after a hearing, and the order is in writing (rule 88).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 84–85: Entry of assignment in the register and assignment to a company
- Rules 89–91: Entry in register, money outside India and communication of registered user
- Trademark License Agreement: Draft 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.