Rules 92 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 92 to 94 cover what happens after a registered user has been entered: how the proprietor asks to vary the entry, how an entry is cancelled (including automatic cancellation when a period ends or goods are omitted), and how the Registrar can call for information about the use being made.
An application by the registered proprietor to vary a registered user's entry under section 50(1)(a) is made in Form TM-U, with a copy of the registered user's written consent where it has been given (rule 92). An application to cancel under section 50(1)(b) to (d) is also in Form TM-U (rule 93(1)). Where the user was registered for a period, the Registrar cancels the entry at the end of that period, and where goods or services are omitted from the mark's registration, the Registrar omits them from the users' specifications too, notifying those affected (rule 93(2)). The Registrar may at any time, by written notice, require the proprietor to furnish information under section 51(1) (rule 94).
The Act behind the rules
Section 50 of the Trade Marks Act, 1999 provides for variation and cancellation of registered user entries and section 51 for information about registered user agreements; see our article on Sections 50–51. The rules on the procedure after such an application is filed are in Rules 95–96.
If a licence has ended or a licensee is no longer to appear on the register, our trademark rectification and removal team can prepare the application and the consent papers.
Rule 92: the proprietor's application to vary
"An application by the registered proprietor of a trademark for the variation of the registration of a registered user of that trademark under clause (a) of sub-section (1) of section 50 shall be made in Form TM-U and where the registered user has given consent to such variation, a copy of such consent in writing shall also be filed."
Points to note:
- Applicant: the registered proprietor of the trademark.
- Subject: variation of a registered user's registration, under section 50(1)(a). The rule does not say what kinds of variation exist; the Act does.
- Form: Form TM-U.
- Consent: if the registered user has given consent, a copy "in writing" must be filed. If there is no consent, the rule is silent, and the application may still be made, but the later procedure in rule 95 gives the user a chance to intervene.
An invented example: Orchid Cosmetics wants to narrow its licensee's entry from "soaps and creams" to "soaps". The licensee Tulsi Wellness agrees. Orchid files Form TM-U with Tulsi's signed consent attached.
Rule 93(1): cancellation of a registered user
"An application for the cancellation of the registration of a registered user under sub-clause (b) to sub-clause (d) of sub-section (1) of section 50 shall be made in Form TM-U."
The rule names no applicant; it refers to the Act's own list. It also names no form other than TM-U and no supporting papers. The application is dealt with under rule 95.
Rule 93(2): end of the period and omission of goods
This sub-rule has two operations.
First, a registration for a fixed period. "In case of the registration of a registered user for a period, in accordance with paragraph (iv) of sub-clause (b) of sub-section (1) of section 49, the Registrar shall cancel the entry of the registered user at the end of that period."
This is automatic cancellation: the Registrar "shall" cancel at the end of the period. No application is required by the text.
Second, omission of goods or services. "Where some or all the goods or services are omitted from those in respect of which a trademark is registered, the Registrar shall at the same time omit them from those specifications of registered users of the trademark in which they are comprised."
Third, notice. "The Registrar shall notify every cancellation or omission under this sub-rule to the registered users whose permitted use is affected thereby and to the registered proprietor of the trademark."
| Situation | Registrar's duty | Notice to |
|---|---|---|
| User registered for a period; period ends | Cancel the entry at the end of the period | Affected registered users and the registered proprietor |
| Goods or services omitted from the mark's registration | Omit them at the same time from the users' specifications | Affected registered users and the registered proprietor |
The practical lesson for a proprietor: a period-limited licence that is registered will drop off the register on its own. If the licence is to continue, a fresh application is needed, and the text of these rules does not describe any renewal of a registered user entry.
Rule 94: call for information
"The Registrar may at any time, by notice in writing, require the registered proprietor to furnish him information under sub-section (1) of section 51 and take action in accordance with sub-section (2) of that section."
Elements:
- When: "at any time". There is no condition or time limit.
- How: by notice in writing.
- From whom: the registered proprietor.
- What: the information described in section 51(1); and the Registrar may then "take action in accordance with sub-section (2)".
The rule does not set a period for the proprietor's reply, and it does not repeat what section 51(1) and (2) provide. See the article on Sections 50–51 for those. A proprietor who receives such a notice should reply within whatever time the notice sets.
Rules 92–94 compared
| Rule | Trigger | Form | Who acts |
|---|---|---|---|
| 92 | Proprietor wants to vary a user's entry under s.50(1)(a) | TM-U, plus written consent if given | Registered proprietor |
| 93(1) | Cancellation under s.50(1)(b) to (d) | TM-U | Applicant under the Act |
| 93(2) | End of registered period, or omission of goods | None; Registrar acts | Registrar |
| 94 | Registrar's notice for information under s.51(1) | None named | Registrar, to the proprietor |
The rules state no fee. Check the First Schedule for the current entry for Form TM-U.
Need help ending or changing a licence entry?
A stale licensee entry can mislead third parties and complicate later assignments. TaxClue's trademark rectification and removal practice can prepare Form TM-U, gather consents and respond to any Registrar's notice for information.
Key takeaways
- The proprietor's application to vary a registered user entry is in Form TM-U, with the user's written consent attached if given (rule 92).
- An application to cancel under section 50(1)(b) to (d) is in Form TM-U (rule 93(1)).
- A registered user entry for a fixed period is cancelled by the Registrar at its end, and goods omitted from the mark are omitted from users' specifications; affected persons are notified (rule 93(2)).
- The Registrar may at any time call in writing for information from the proprietor under section 51(1) (rule 94).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 89–91: Entry in register, money outside India and communication of registered user
- Rules 95–96: Procedure to vary or cancel and registered user's application
- 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.