Rules 97 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 97 and 98 are the working rules for taking an entry off, or changing an entry in, the Register of Trade Marks at the Registrar's level. Rule 97 says how to apply and what must go in, and rule 98 sets the proprietor's time to answer and what follows if there is no answer.
An application to the Registrar under section 47, 57, 68 or 77 for making, expunging or varying an entry is made in Form TM-O, with a statement setting out the applicant's interest, the facts and the relief sought (rule 97). The Registrar ordinarily transmits a copy within one month to the registered proprietor, each registered user and any other person with an interest on the register. The proprietor has two months from receipt (extendable by not more than one month in the aggregate) to file a counterstatement in Form TM-O (rule 98). If none is filed within three months, the applicant files evidence, and rules 46 to 51 apply "mutatis mutandis".
Where the Appellate Board comes in, and does not
The text of rules 97 and 98 speaks only of "the Registrar". It does not name the Intellectual Property Appellate Board in these two rules as notified. For context: the Appellate Board was abolished by the Tribunals Reforms Act, 2021 and its work went to the High Court. Applications for rectification that now go to the High Court are covered by Section 125, and the Registrar's rules described here apply to applications made to the Registrar.
The Act behind the rules
Section 47 deals with removal for non-use and section 57 with cancellation, variation and rectification; see Section 47 and Section 57. Sections 68 and 77 are the collective mark and certification mark removal and cancellation provisions. Rule 97 covers all four.
If a dormant registration is blocking your brand, our trademark rectification and removal team can assess the grounds and prepare Form TM-O.
Rule 97: the application
The rule covers an application "for the making, expunging or varying of any entry relating to a trademark or a collective trademark or certification trademark in the register". Its requirements, in the order printed:
| Requirement | Text of rule 97 |
|---|---|
| Form | Form TM-O, "as the case may be" |
| Accompanying statement | "setting out fully the nature of the applicant's interest, the facts upon which he bases his case and the relief which he seeks" |
| Where the applicant is not the registered proprietor | The application and statement "shall be left at the Trade Marks Registry" |
| Where there are registered users | "as many copies thereof as there are registered users" |
| Transmission by Registrar | A copy of each "ordinarily transmitted within one month" to the registered proprietor, each registered user, and "any other person who appears from the register to have an interest in the trademark" |
| Verification | "in the manner prescribed under clause (i) of sub-rule (c) of rule 43 for verification of a notice of opposition" |
Three comments on the text.
- The three-part statement is the heart of the application: why you are an interested party, the facts and the relief. The rule does not set a page limit or format.
- "Ordinarily" within one month is a target for the Registrar, not a deadline with a stated consequence.
- Drafting slip: the verification clause points to "clause (i) of sub-rule (c) of rule 43", but in the Rules as printed, verification of a notice of opposition is in sub-rules (2), (3) and (4) of rule 43, and rule 43(1)(c)(i) concerns who the opposing party is. The intention is plainly to apply rule 43's verification requirements: verification at the foot, a statement of what is known personally and what is believed to be true, and a signature stating the date and place. This article follows the intention and flags the slip.
An invented example: Delta Biscuits finds that the registration of the mark CRUNCHVILLE for Class 30 goods has not been used by its owner for years and wants it off the register. It files Form TM-O under section 47 with a statement of its interest (it has applied for a similar mark), the facts and the relief (removal for Class 30). The Registry then sends a copy to the proprietor and its registered user, if any.
Rule 98: further procedure
Counterstatement
"Within two months from the receipt by a registered proprietor of the copy of the application mentioned in rule 97 or within such further period not exceeding one month in the aggregate, he shall send to the Registrar on Form TM-O a counterstatement of the grounds on which the application is contested."
- Period: two months from the proprietor's receipt of the copy.
- Extension: a further period "not exceeding one month in the aggregate", so the whole period is at most three months. The rule does not say who decides, but the sentence implies it is for the Registrar, and the text does not state the form of the extension request.
- Form: Form TM-O.
"If he does so, the Registrar shall serve a copy of the counterstatement on the person making the application within one month of the receipt of the same."
If no counterstatement is filed
"In case no counter statement has been filed within the period of three months from the date of receipt of the application mentioned in rule 97, the applicant for rectification shall file evidence in support of his application for rectification under the provisions of rules 45 (1)."
Note the wording: the three months run "from the date of receipt of the application mentioned in rule 97". This is slightly loose, because earlier in the same rule the two months run from the proprietor's receipt of the copy. This article reads both as running from the proprietor's receipt of the copy, and flags the loose wording; the text does not say more. Rule 45(1) is the rule on an opponent's evidence by affidavit within two months of service of the counterstatement, so the cross-reference is applied by analogy; the rule does not spell out the period for the rectification applicant here.
After that
"The provision under rule 46 to 51 shall thereafter apply mutatis mutandis to the further proceedings on the application." In plain terms, the opposition rules on the other side's evidence, evidence in reply, further evidence, translation, hearing and decision, and security for costs are applied with the necessary changes. Those rules are covered in the articles on rules 45 to 48 and 49 to 51 in this series.
Timeline at a glance
| Event | Period | Source |
|---|---|---|
| Registrar transmits copies | Ordinarily within one month | Rule 97 |
| Proprietor's counterstatement in Form TM-O | Two months from receipt of copy, plus further period not exceeding one month in the aggregate | Rule 98 |
| Registrar serves counterstatement on applicant | Within one month of receipt | Rule 98 |
| If no counterstatement within three months | Applicant files evidence | Rule 98 |
| Further proceedings | Rules 46 to 51 apply mutatis mutandis | Rule 98 |
Need help with removal or rectification?
The statement of interest and the three-month window decide how the case starts. TaxClue's trademark rectification and removal practice can draft Form TM-O, serve the papers correctly, or act for a proprietor in answering a counterstatement.
Key takeaways
- Applications under sections 47, 57, 68 or 77 are made in Form TM-O with a statement of interest, facts and relief (rule 97).
- The Registrar ordinarily sends copies within one month to the proprietor, each registered user and other interested persons on the register.
- The proprietor has two months from receipt (up to one more month in aggregate) to file a counterstatement in Form TM-O (rule 98).
- With no counterstatement in three months, the applicant files evidence, and rules 46 to 51 apply.
- Rule 97's verification cross-reference is a drafting slip; the intention is rule 43's verification requirements.
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 99–100: Intervention by third parties and rectification by the Registrar of own motion
- Rules 95–96: Procedure to vary or cancel and registered user's application
- 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.