Rules 89 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.
Once the Registrar accepts an application to register a licensee, three further rules apply. Rule 89 says what is entered in the register and published. Rule 90 makes clear that registration is not an approval of payments abroad. Rule 91 requires written communication of the registration to the interested parties within three months.
On accepting an application under section 49(2), the Registrar registers the proposed registered user and publishes the entry in the Journal (rule 89(1)). The entry states the date of the application, and that date is deemed to be the date of registration as registered user (rule 89(2)). Registration does not imply approval of any payment of money abroad as consideration for use of the mark (rule 90). The Registrar sends written communication to the proprietor, the user and every other registered user of the same mark, and inserts it in the Journal within three months of the entry (rule 91).
The Act behind the rules
Section 49 of the Trade Marks Act, 1999 provides for registration of a registered user; see Section 49. The preceding rules, on the joint Form TM-U application and the hearing, are in Rules 86–88. Here we look at what happens after acceptance.
If you manage a brand with several licensees, our trademark assignment and transfer team can track each licensee's entry and date.
Rule 89(1): registration and publication
"Where the Registrar under sub-section (2) of section 49 accepts an application for registration as registered user; he shall register the proposed registered user as registered user and publish the same in the Journal."
Two duties arise on acceptance: register and publish. The Journal here is the Trade Marks Journal. The rule does not state a time for the Journal publication; rule 91 separately sets a three-month period for communication and insertion in the Journal.
Rule 89(2): contents of the entry and the deemed date
The entry "shall state the date on which the application for registration of registered user was made, which date shall be deemed to be the date of registration as registered user of the person mentioned in the entry."
This is an important rule for a licensee: the deemed date of registration is the date of the application, not the date on which the Registrar accepts it or makes the entry. The licensee's registered-user status is therefore treated as running from the filing date.
The entry must also state, "in addition to the particulars and statements mentioned in paragraphs (i) to (iv) of sub-clause (b) of clause (1) of section 49":
- the name of the registered user;
- the description of the registered user; and
- the principal place of business in India of the registered user;
- and "if he does not carry on business in India", his address for service in India.
| Entry content | Source |
|---|---|
| Date of application (deemed date of registration) | Rule 89(2) |
| Particulars in section 49(1)(b)(i) to (iv) | Section 49, referred to by the rule |
| Name, description, principal place of business in India | Rule 89(2) |
| Address for service in India, if no business in India | Rule 89(2) |
The rule does not reproduce the section 49(1)(b)(i) to (iv) particulars, so they are not repeated here.
An invented example: Tulsi Wellness Pvt Ltd files Form TM-U on 12 March as proposed registered user of ORCHIDGLOW. The Registrar accepts the application in June and makes the entry. The entry states 12 March as the application date, and by rule 89(2) that date is deemed to be the date of registration as registered user. If Tulsi has no business in India (for instance, an overseas licensee), the entry will also carry its address for service in India.
Rule 90: no implied approval of money transmission
"The registration as registered user of a trademark shall not be deemed to imply an approval, of the agreement in so far as it relates to the transmission of any money, as consideration for the use of the said trademark, to any place outside India."
Read carefully:
- The rule is negative: registration does not imply approval of one part of the agreement, namely the part about sending money abroad as consideration for use of the mark.
- The rest of the agreement is not covered by this rule; it speaks only of the money-transmission part.
- The rule does not say what approval is needed or from whom. Compare rule 79, where title under an assignment involving such transmission is not registered without the permission of the authority under the relevant law; that is covered in Rules 78–79.
In practice, a licensor outside India should not read the register entry as an approval of royalty payments abroad.
Rule 91: communication within three months
"Communication in writing of the registration of a registered user shall be sent by the Registrar" to:
- the registered proprietor of the trademark;
- the registered user; and
- every other registered user whose name is entered in relation to the same trademark;
and "shall also be inserted in the Journal within three months of such entry in the register."
Parse the timing: the three months run from "such entry in the register". The sentence is built so that the three-month limit appears to attach to the insertion in the Journal; the communication in writing is stated without its own period, though the structure suggests the same outer limit. The text does not settle this, so each party should expect both within the period but not rely on it.
Drafting note: the structure of rule 91 leaves unclear whether "within three months" governs both the written communication and the Journal insertion or only the latter. This article reads the rule as printed and does not resolve it.
| Recipient | Method | Time |
|---|---|---|
| Registered proprietor | Written communication | Not separately stated |
| Registered user | Written communication | Not separately stated |
| Other registered users of the same mark | Written communication | Not separately stated |
| Public | Insertion in the Journal | Within three months of the entry |
Need help with a registered user entry?
Check the entry once it appears: the deemed date, the user's address and the goods or services must all be right. TaxClue's trademark assignment and transfer practice can review the register and the Journal notice and ask for a correction if something is wrong.
Key takeaways
- On acceptance, the Registrar registers the user and publishes it in the Journal (rule 89(1)).
- The date of application is deemed to be the date of registration as registered user (rule 89(2)).
- The entry gives the user's name, description and principal place of business in India, and an address for service in India if the user has no business here.
- Registration does not approve money transmission abroad under the agreement (rule 90).
- Written communication goes to the proprietor, the user and every other registered user, and the registration is inserted in the Journal within three months of the entry (rule 91).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 86–88: Registered user application, consideration and hearing
- Rules 92–94: Variation and cancellation of registered user and information
- Trademark Licensing: Registered User and Agreement
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.