Rules 81 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 81 to 85 finish the procedural rules. Rule 81 tells the Registrar to ask whether an uncontested opposition could have been avoided by notice before deciding on costs. Rule 82 keeps the fees for Forms LD-2, LD-3 and LD-4 and stamps on affidavits as costs that follow the event. Rule 83 caps costs by a scale. Rule 84 sets the review of a decision on Form LD-24. Rule 85 lays down how affidavits are written and attested. They carry out sections 72 and 74 of the Act.
This article reflects the Rules as amended up to G.S.R. 689(E) dated 14 September 2012 (the only amendment). Check sicldr.gov.in for later notifications. Fees are those in Schedule I as notified in 2001; the Registry's forms page lists the same amounts (checked 3 October 2026). If a decision has gone against you, a legal dispute resolution adviser can check whether review under rule 84 is open.
In an uncontested opposition, the Registrar considers whether the proceedings could have been avoided by reasonable notice from the opponent before awarding costs (rule 81), but fees on Forms LD-2, LD-3 and LD-4 and affidavit stamps follow the event (rule 82). Costs may be awarded up to the amount "admissible" under Schedule I (rule 83). A review of the Registrar's decision is sought on Form LD-24 (entry 22: Rs 1500) within one month, extendable by up to one month on request (rule 84). Affidavits are in the first person, with numbered paragraphs, and attested as rule 85 requires.
Rule 81: costs in uncontested cases
"Where any opposition duly instituted under these rules is not contested by the applicant, the Registrar in deciding whether costs should be awarded to the opponent shall consider whether the proceedings might have been avoided if reasonable notice had been given by the opponent to the applicant before the notice of opposition was filed."
The rule rewards a warning letter. An opponent who sends a reasonable notice before filing Form LD-2, and wins by default because the applicant does not contest, is in a better position on costs than one who files without notice. The rule says costs are considered; it does not say they are refused. The opposition steps are in Rules 33 to 38.
Rule 82: the exception
"Notwithstanding the provisions of rule 81 costs in respect of fees specified under Forms LD-2, LD-3 and LD-4 and of all stamps used on and affixed to affidavit used in the proceedings shall follow the event." So the winning side recovers the fees on those three forms and the stamps on affidavits regardless of the notice question. Schedule I fees for those forms: entries 2, 3 and 4, Rs 500 each.
Rule 83: scale of costs
"Subject to the provisions of rules 81 and 82, in all proceedings before the Registrar, the Registrar may, save as otherwise expressly provided by the Act, award such costs, not exceeding the amount admissible thereof under Schedule I, as he considers reasonable having regard to all the circumstances of the cases."
One drafting point to note. The rule refers to the amount admissible "under Schedule I", but Schedule I as printed lists fees, entry by entry, and carries no scale of costs. So the text gives a ceiling by reference to a table that does not contain one. This article states no costs figure. Section 72(b) of the Act allows the Registrar to make costs orders "subject to any rules in this behalf" and makes them executable as a decree; see sections 72 to 77. A party expecting a costs award should ask the Registry how the ceiling is applied in practice.
Rule 84: review of the Registrar's decision
"An application to the Registrar for the review of his decision under clause (c) of section 72 shall be made on Form LD-24 accompanied by prescribed fee within one month from the date of such decision or within such further period not exceeding one month thereafter as the Registrar may on request allow, and shall be accompanied by the statement setting forth the grounds on which the review is sought."
| Element | Rule 84 |
|---|---|
| Form and fee | Form LD-24; Schedule I, entry 22: Rs 1500 |
| Time | One month from the date of the decision, or a further period not exceeding one month on request |
| Contents | A statement setting out the grounds of review |
| Copies | Where another person is concerned, the application and statement are left in triplicate; the Registrar sends a copy of each to that person |
| Outcome | After hearing the parties, the Registrar may reject or grant it, unconditionally or subject to conditions or limitations |
The review period runs from "the date of such decision", whereas the appeal period under section 42 runs from communication. The two are separate, and a review does not on the text of rule 84 extend an appeal period. Take advice on the order of steps. The appeal route itself depends on the Board, for which no notification bringing sections 32 to 53 (and 55) into force was found in the India Code record or on the Registry's notifications page (checked 3 October 2026); check the current position before relying on it.
Rule 85: affidavits
85(1) and (2): form
Affidavits required by the Act and Rules, "unless otherwise provided in Schedule II", must be headed in the matter or matters to which they relate, drawn in the first person and divided into consecutively numbered paragraphs, each confined as far as practicable to one subject. Every affidavit states the description and true place of abode of the deponent, bears the name and address of the person filing it and states on whose behalf it is filed. Where two or more persons join, each deposes separately to facts within his personal knowledge, in separate paragraphs.
85(3) to (5): who attests
| Where taken | Before whom |
|---|---|
| In India | Any court or person with legal authority to receive evidence, or any officer empowered by such a court to administer oaths or take affidavits |
| Outside India | A diplomatic or counsellor officer within the meaning of the Diplomatic and Counsellor Officers (Oath and Fees) Act, 1948, a Notary Public, or a Judge or Magistrate of that country or place |
The person taking the affidavit states the date and place, affixes his seal (or the court's seal) and signs with his description. An affidavit bearing the seal or signature of an authorised person may be admitted by the Registrar "without proof of the genuineness of the seal or signature, or of the official character of that person."
85(6) to (8): details
Alterations and interlineations are authenticated by the initials of the person taking the affidavit before it is sworn. Where the deponent does not know the language of the affidavit, the jurat carries a certificate that it was translated in his presence and understood. Every affidavit filed before the Registrar "shall be duly stamped under the law for the time being in force." The Diplomatic and Counsellor Officers (Oath and Fees) Act, 1948 is an older statute; check the current law on attestation abroad before relying on the reference.
Evidence by affidavit is the default under section 74 of the Act; the opposition evidence rounds use these affidavits.
A worked example
A foundry files Form LD-2 against a start-up's advertised layout without any prior letter. The start-up does not contest. The Registrar, under rule 81, asks whether a reasonable notice would have avoided the proceedings, but under rule 82 the fees on Form LD-2 and affidavit stamps follow the event. The start-up, on another matter, receives an adverse decision and files Form LD-24 with the Rs 1500 fee and a statement of grounds within one month. The foundry's overseas engineer swears an affidavit in his home country before a Notary Public, in numbered paragraphs in the first person, with the seal and date shown.
Need help with costs, review or affidavits?
Reviews and affidavits are unforgiving about form and time. Our legal dispute resolution team can prepare the Form LD-24 application and the affidavits for you.
Key takeaways
- In an uncontested opposition the Registrar considers whether reasonable notice would have avoided the proceedings, but filing fees and affidavit stamps follow the event.
- Costs are capped by reference to Schedule I, which as printed carries no scale of costs.
- Review is on Form LD-24 (entry 22: Rs 1500) within one month, extendable by up to one month on request.
- Affidavits are in the first person, in numbered paragraphs, with the deponent's abode and the filer's details.
- Affidavits are attested in India before a court or authorised person, abroad before a diplomatic or counsellor officer, Notary Public, Judge or Magistrate, and stamped.
Read next
- Sections 72 to 77: the Registrar's powers
- Rules 75 to 80: extension of time and hearings
- Rules 33 to 38: opposition evidence
Disclaimer: Based on the Semiconductor Integrated Circuits Layout-Design Act, 2000 (never amended; commencement as notified in 2004, 2011 and 2014) and the Semiconductor Integrated Circuits Layout-Design Rules, 2001 as amended by G.S.R. 689(E) of 14 September 2012, as consulted on 3 October 2026. Check sicldr.gov.in for later notifications and current forms and fees. This article is general information, not legal advice; check the official text before acting.