Rules 95 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 95 sets out how a section 50 application to vary or cancel a registered user entry is handled: notice to the other parties, a one-month window to intervene, evidence, a hearing and the Registrar's decision. Rule 96 closes Chapter VI with a different application: one a registered user (or a person authorised by the user) makes under section 58(2) in Form TM-P.
The Registrar notifies in writing an application under section 50 to the registered proprietor and each registered user who is not the applicant (rule 95(1)). Anyone notified who wants to intervene must, within one month of receipt, give notice in Form TM-U with a statement of the grounds (rule 95(2)). The parties may leave evidence within the times the Registrar appoints, and the Registrar, after hearing them, accepts, refuses or accepts with conditions, and informs them in writing (rule 95(3)). A registered user's application under section 58(2) is made in Form TM-P (rule 96).
The Act behind the rules
Section 50 of the Trade Marks Act, 1999 allows variation and cancellation of a registered user entry; see Sections 50–51. Section 58 deals with correction of the register; see Section 58. The filing of the application itself is in Rules 92–94.
If you are caught up in a dispute about whether a licensee should stay on the register, our trademark rectification and removal team can prepare your intervention or response.
Rule 95(1): notice to the parties
"The Registrar shall notify in writing applications under section 50 to the registered proprietor and each registered user (not being the applicant in either case) of the trademark."
So when the proprietor applies, the notice goes to every registered user. When a registered user applies, the notice goes to the proprietor and the other registered users. The applicant is never notified of its own application.
Rule 95(2): intervention within one month
"Any person notified under sub-rule (1) who intends to intervene in the proceedings, shall within one month of the receipt of such notification give notice to the Registrar in Form TM-U to the effect and shall send therewith a statement of the grounds of his intervention."
| Element | Text |
|---|---|
| Who | Any person notified under sub-rule (1) |
| Time | Within one month of the receipt of the notification |
| How | Notice to the Registrar in Form TM-U |
| What goes with it | A statement of the grounds of intervention |
After that, "the Registrar shall thereupon serve or cause to be served copies of such notice and statement on the other parties", defined in the rule as:
- the applicant,
- the registered proprietor,
- the registered user whose registration is the subject matter of the proceeding, and
- any other registered user who intervenes.
The one month runs from receipt of the notification, not from its date. The rule does not say what happens to a person who misses the month, and no extension is mentioned in the rule.
Rule 95(3): evidence, hearing and decision
"In the case of any application made under section 50, the applicant and any person notified under sub-rule (1), may, within such time or times as the Registrar may appoint, leave evidence in support of his case".
Then the Registrar, "after giving the parties an opportunity of being heard, may accept or refuse the application or accept it subject to any conditions, amendments, modifications or limitations he may think right to impose and shall inform the parties in writing accordingly."
The sub-rule is permissive on evidence ("may ... leave evidence") and the times are set by the Registrar, not fixed in the Rules. The text does not prescribe affidavit evidence here; for affidavits generally see the article on rule 120 in this series.
Rule 95(4): the simpler route
"In the case of an application for varying any registration under paragraph (a) of sub-section (1) of section 50 or cancelling any registration on any of the grounds mentioned in items (i) to (iv) of sub-clause (c) of sub-section (1) of section 50, the Registrar shall consider the application together with any notice in Form TM-U and statement of case filed and shall dispose of the application and also inform the parties in writing accordingly."
This sub-rule applies to two kinds of application: variation under section 50(1)(a) and cancellation on grounds (i) to (iv) of section 50(1)(c). For those, the text speaks only of the Registrar considering the application with any notice in Form TM-U and statement of case, then disposing of it and informing the parties in writing. It does not mention a hearing, in contrast with sub-rule (3). Whether sub-rule (3) also applies in those cases is not stated, so the reader should check the Act and the Registrar's practice.
An invented example: Orchid Cosmetics applies to vary Tulsi Wellness's entry under section 50(1)(a). The Registrar notifies Tulsi and the other licensee, Greenline Traders. Greenline decides to intervene, files Form TM-U with its grounds within one month of receiving the notice, and the Registrar serves copies on Orchid, Tulsi and the other parties.
Rule 96: registered user's application under section 58(2)
"An Application under sub-section (2) of section 58 shall be made in Form TM-P by a registered user of a trademark or by a person duly authorised by the registered user in that behalf; and the Registrar may require such evidence as he may think fit as to the circumstances in which the application is made."
| Point | Text |
|---|---|
| Application | Under section 58(2), correction of the register |
| Form | Form TM-P |
| Applicant | A registered user, or a person duly authorised by the registered user |
| Evidence | As the Registrar thinks fit, about the circumstances |
The rule does not describe the content of section 58(2); see our article on Section 58. It also names no fee and no time limit. Note that the form is TM-P here, not TM-U, which is the form used for variation and cancellation under section 50.
The sequence at a glance
| Step | Who | Rule |
|---|---|---|
| Notice of application to proprietor and registered users (except the applicant) | Registrar | 95(1) |
| Notice of intervention with grounds, within one month of receipt | Notified person | 95(2) |
| Copies served on other parties | Registrar | 95(2) |
| Evidence at times appointed, hearing, decision | Parties and Registrar | 95(3) |
| Consideration on papers for s.50(1)(a) variation or s.50(1)(c)(i)-(iv) cancellation | Registrar | 95(4) |
| Registered user's s.58(2) application | Registered user or authorised person | 96 |
Need help with a registered user dispute?
The one-month intervention window is short and starts on receipt. TaxClue's trademark rectification and removal practice can review a notice, prepare the Form TM-U and statement of grounds, and appear at the hearing.
Key takeaways
- The Registrar notifies a section 50 application in writing to the proprietor and every registered user other than the applicant (rule 95(1)).
- To intervene, file Form TM-U with a statement of grounds within one month of receipt of the notification (rule 95(2)).
- Evidence is left at the times the Registrar appoints; the Registrar decides after a hearing and informs the parties in writing (rule 95(3)).
- A registered user's section 58(2) application is made in Form TM-P (rule 96).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 92–94: Variation and cancellation of registered user and information
- Rules 97–98: Application to rectify or remove a trademark and further procedure
- Rectification and Removal of a Trademark from the Register
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.