Rules 99 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 99 lets a person other than the registered proprietor ask to join a rectification case that is already running. Rule 100 sets out how the Registrar, acting on his own, gives notice and decides to rectify the register under section 57(4) of the Trade Marks Act, 1999.
A person other than the registered proprietor who alleges an interest in a registered mark that is the subject of a rule 97 application may apply on Form TM-O for leave to intervene; the Registrar may grant or refuse leave after a hearing, on terms that can include security for costs (rule 99). Where the Registrar proposes to rectify the register on his own motion, the section 57(4) notice must state the grounds and give not less than one month to apply for a hearing (rule 100(1)). A person who neither files a statement nor asks for a hearing may be treated as not wishing to take part (rule 100(2)). The decision is communicated in writing (rule 100(3)).
Note on the forum
Rules 99 and 100 speak of the Registrar only. The Intellectual Property Appellate Board was abolished by the Tribunals Reforms Act, 2021 and its work went to the High Court; matters that belong to the High Court are outside these Registrar-level rules. See Section 57 for the Act's provision, including the Registrar's own-motion notice.
What the rules implement
Rule 99 operates on an application under rule 97 (sections 47, 57, 68 or 77), described in Rules 97–98. Rule 100 is tied to section 57(4) of the Act. If you have received a Registrar's notice, our trademark rectification and removal team can prepare your statement or hearing request before the period ends.
Rule 99: intervention by third parties
"Any person, other than the registered proprietor, alleging interest in a registered trademark in respect of which an application is made under rule 97 may apply on Form TM-O for leave to intervene, stating the nature of his interest."
| Element | Text of rule 99 |
|---|---|
| Who | Any person other than the registered proprietor who alleges an interest in the registered mark |
| Which case | An application made under rule 97 |
| Form | Form TM-O |
| Content | The nature of the interest |
| Decision | The Registrar "may refuse or grant such leave after hearing (if so required) the parties concerned" |
| Terms | "such conditions and terms including undertakings or conditions as to security for cost as he may deem fit to impose" |
What the rule does not say: it states no time limit for the application for leave. It states no fee. It does not say what counts as "interest"; that is for the Registrar, case by case. A hearing happens only "if so required".
The security-for-costs reference is notable: an intervener may be asked to give an undertaking or security. This is the same idea as rule 51 on security for costs in opposition, which is covered in the article on Rules 49–51.
An invented example: Pinnacle Tea applies to remove the mark CHAIWALA PRIME for Class 30 under section 47. Kesar Chai, an unregistered user of a similar name, wants to take part. It files Form TM-O stating its interest. The Registrar hears the parties if needed and grants leave on the condition that Kesar gives security for costs.
Rule 100(1): the Registrar's notice under section 57(4)
"The Notice, which the Registrar is required to issue under sub-section (4) of section 57, shall be sent in writing" to:
- the registered proprietor;
- each registered user, if any; and
- "any other person who appears from the register to have any interest in the trademark".
The notice "shall state the grounds on which the Registrar proposes to rectify the register and shall also specify the time, not being less than one month from the date of such notice, within which an application for a hearing shall be made".
So the notice has two compulsory contents: grounds and a hearing-request period of at least one month from the date of the notice. Note that the month is counted from the date of the notice, not from receipt.
The proviso
"Provided that no notice shall be required to be sent to the registered proprietor, in case the registered proprietor has requested or agreed in writing for cancellation of the registration; and thereupon register shall be rectified accordingly."
So if the proprietor has requested or agreed in writing to cancellation, no notice to the proprietor is needed and the register is rectified. The rule does not say whether notice must still go to registered users or others in that case; the proviso speaks only of the registered proprietor.
Rule 100(2): what happens if you do not respond
"Unless within the time specified in the notice aforesaid, any person so notified sends to the Registrar a statement in writing setting out fully the facts upon which he relies to meet the grounds stated in the notice or applies for a hearing, he may be treated as not desiring to take part in the proceedings and the Registrar may act accordingly."
| Response within the notice period | Consequence |
|---|---|
| Written statement setting out fully the facts relied on | Person remains in the proceedings |
| Application for a hearing | Person remains in the proceedings |
| Neither | May be treated as not desiring to take part; Registrar may act accordingly |
The words "may be treated" and "may act accordingly" give the Registrar discretion; the rule does not say the Registrar must proceed straight to rectification.
Rule 100(3): communication of the decision
"If the Registrar decides to rectify the register he shall communicate his decision in writing to the registered proprietor and to each registered user, if any." The rule does not extend this to "any other person" with an interest; the three-category list in sub-rule (1) is wider than the one here. The text names no period for the communication.
An invented example: The Registrar proposes to rectify the register by removing the mark BRIGHTWAVE for goods outside its specification. The notice, dated 1 March, states the grounds and says a hearing may be applied for by 5 April. The proprietor files a written statement on 20 March. It has responded in time, so it is not treated as having stayed out of the proceedings.
The two rules together
| Point | Rule 99 | Rule 100 |
|---|---|---|
| Who starts | A third party seeks to join a rule 97 case | The Registrar, on his own motion, under section 57(4) |
| Form | Form TM-O | None named; notice in writing |
| Time | Not stated | Hearing request: not less than one month from date of notice |
| Hearing | If so required | On application within the period |
| Conditions | Terms, undertakings, security for costs | Not applicable |
Need help with a rectification notice?
The month in a rule 100 notice starts on the date of the notice, so delay reduces your time. TaxClue's trademark rectification and removal practice can draft the statement of facts or the hearing request and track the dates.
Key takeaways
- A person other than the registered proprietor with an interest may seek leave to intervene in a rule 97 case by Form TM-O (rule 99).
- The Registrar may grant or refuse leave after a hearing (if required), on terms including security for costs.
- A section 57(4) notice goes to the proprietor, each registered user and others with an interest on the register, states grounds and allows not less than one month from its date to ask for a hearing (rule 100(1)).
- No notice to the proprietor is needed where the proprietor has requested or agreed in writing to cancellation.
- Silence within the notice period allows the Registrar to treat the person as not taking part (rule 100(2)).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 97–98: Application to rectify or remove a trademark and further procedure
- Rules 101–102: Alteration of address and alteration of registered trademark
- Trademark Cancellation Petition: Grounds and Process
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.