Section 157 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.
Section 157 is why the Act depends on rules. It lets the Central Government make rules by notification, subject to previous publication, to carry out the Act, and lists in sub-section (2) the matters on which rules may be made, from the register and applications to renewals, oppositions, agents, inspection and fees. Sub-section (3) allows limited retrospective effect and sub-section (4) requires rules to be laid before Parliament. Two later amending Acts changed sub-section (2). For help reading the Rules against the Act, see our legal consultation service.
The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the Act. Sub-section (2) lists matters (about 41 clauses) on which rules may provide, without prejudice to the generality of that power. Every rule must be laid before each House of Parliament for thirty days in total; Parliament may modify it or annul it. Since the Tribunals Reforms Act, 2021 clauses (xxxi) and (xxxii) stand omitted, and the Jan Vishwas Act, 2023 added clauses (xxxiiia) and (xxxiiib).
Sub-section (1): the general power
"The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act."
Previous publication means a draft is published before the rules are made. The rules are in force as the Trade Marks Rules, 2017 (and any later amending rules); the section itself prescribes none. Fees and forms are in those Rules. This article names no fee.
Sub-section (2): matters rules may cover
Rules "may provide for all or any of the following matters" and this is "without prejudice to the generality" of sub-section (1). The clauses run from (i) to (xli). The table groups them by subject, using the sections the clauses refer to; the clause numbers for the Appellate Board clauses and for the changes made by the two amending Acts are given in the notes below the table.
| Subject | Section the clause refers to |
|---|---|
| Register: matters to be included, safeguards for computer or electronic records | s.6(1), (2) |
| Alphabetical index of classification of goods and services | s.8(1) |
| Manner of notifying a word as an international non-proprietary name | s.13 |
| Dissolution of an association | s.16(5) |
| Making an application for registration | s.18(1) |
| Advertising applications; notifying corrections or amendments | s.20 |
| Notice of opposition and its fee, counter-statement, evidence and time for it (clause (vii), as substituted by Act 40 of 2010) | s.21 |
| Form of certificate of registration and notice to applicant (clause (viii)) | s.23 |
| Renewal and restoration: forms, time, fee and surcharge if any, notices | s.25 |
| International application forwarding, records, advertisement (clauses (ixa) to (ixd), inserted by Act 40 of 2010) | s.36-D, 36-E |
| Statement of cases, applications by proprietors, assignment and transmission of certification marks, registration of title, and the period for disposing of a title application (clause (xiiia), inserted by Act 40 of 2010) | ss.40, 41, 43, 45 |
| Applications and notices under ss.46, 47, 49, 50 (including cancellation procedure) | ss.46-50 |
| Rectification applications and service of notice | s.57 |
| Applications under ss.58, 59, 60, 71, 73, 77 and the matters in regulations under s.63(2) | as listed |
| Appellate Board clauses: salaries and terms of the Chairman and Members (xxix); procedure for investigating misbehaviour (xxx); staff of the Board (xxxi, omitted in 2021); form of appeal (xxxii, omitted in 2021); application under s.97(1) (xxxiii, now the High Court) | ss.88, 89(3), 90, 91(3), 97(1) |
| Review application and Registrar's discretionary power | ss.127, 128 |
| Applications and withdrawal | ss.131, 133 |
| Manner of authorising a person and registration as a trade mark agent | s.145 |
| Conditions for inspection and fee for a certified copy | s.148 |
| Fees and surcharge for applications, registration and other matters | s.150 |
| "Any other matter which is required to be or may be prescribed" | residual clause |
Three points deserve notice. First, several clauses are about forms, manner, time and fees; the Act leaves those to the Rules. Second, the clauses on time periods (renewal, evidence, review, withdrawal) show that many time limits sit in the Rules, so check both. Third, the final clause is a residual clause for "any other matter which is required to be or may be prescribed".
Act 40 of 2010 (section 9) substituted clause (vii), inserted clauses (ixa) to (ixd) and (xiiia), and omitted clauses (xxvi), (xxvii) and (xxviii), the clauses on sections 79, 80 and 82. A footnote in the annotated Act gives 8 July 2013 as the date from which these took effect.
Clauses omitted or amended by the Tribunals Reforms Act, 2021
The Tribunals Reforms Act, 2021 provides that in sub-section (2) of section 157:
- clauses (xxxi) and (xxxii) shall be omitted; and
- in clause (xxxiii), for the words "Appellate Board", the words "High Court" shall be substituted.
Before the Tribunals Reforms Act, 2021 clause (xxxiii) read "Appellate Board" (the application under section 97(1) was to the Appellate Board). The clauses affected are these:
- (xxxi) the salaries, allowances and other conditions of service of the officers and employees of the Appellate Board, and the manner in which they discharge their functions (section 90(2) and (3)): omitted.
- (xxxii) the form of making an appeal, the manner of verification and the fee payable (section 91(3)): omitted.
- (xxxiii) the form of, and particulars in, the application under section 97(1): "Appellate Board" replaced by "High Court".
Clauses (xxix) (salaries and terms of service of the Chairman and Members, section 88(1)) and (xxx) (procedure for investigating misbehaviour or incapacity, section 89(3)) are not listed in the 2021 Act's entry, even though sections 88 and 89 stand omitted. The 2021 Act does not omit them, so they remain in the sub-section.
New clauses added by the Jan Vishwas Act, 2023
The Jan Vishwas (Amendment of Provisions) Act, 2023 provides that in section 157, in sub-section (2), after clause (xxxiii), the following clauses are inserted:
"(xxxiiia) the manner of holding inquiry and imposing penalty under section 112A; (xxxiiib) the form and manner of preferring appeal under sub-section (2) of section 112B;"
These tie the rules to the adjudication and appeal provisions for penalties inserted by the same Act as sections 112A and 112B. The Act does not give any form number.
Sub-section (3): retrospective effect
"The power to make rules conferred by this section shall include the power to give retrospective effect in respect of the matters referred to in clauses (xxix) and (xxxi) of sub-section (2) from a date not earlier than the date of commencement of this Act, but no retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom such rule may be applicable."
The two clauses named are (xxix), the salaries and terms of service of the Chairman and Members, and (xxxi), the conditions of service of the Appellate Board's staff. Clause (xxxi) has since been omitted by the 2021 Act. The rule is clear: retrospective effect is allowed only for the clauses named, only from a date not earlier than commencement, and never so as to prejudice anyone.
Sub-section (4): laying before Parliament
Every rule made by the Central Government under the Act shall be laid, as soon as may be after it is made, before each House of Parliament, "while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions". If before the expiry of the session immediately following, both Houses agree in making any modification in the rule, or both agree that the rule should not be made, the rule shall have effect only in such modified form or be of no effect, as the case may be, without prejudice to the validity of anything previously done under it.
| Step | Text |
|---|---|
| Laying | As soon as may be after the rule is made, before each House |
| Period | Thirty days in total, in one session or in two or more successive sessions |
| Parliament's options | Both Houses agree to modify the rule, or agree it should not be made |
| Effect | Rule takes effect only in the modified form, or is of no effect |
| Past acts | Valid; modification or annulment is without prejudice to anything previously done |
Practical points
- Read each section of the Act together with the matching Rules; forms, fees and time periods sit in the Rules.
- Check for later amending rules.
- If you rely on a retrospective rule, check that it falls within sub-section (3).
Need help reading the Rules with the Act?
The Act sets the framework, but the forms, periods and fees are found in the Rules. Our legal consultation service can help you map a question to the right section and rule before you file.
Key takeaways
- Rules are made by the Central Government by notification, subject to previous publication.
- Sub-section (2) lists the matters rules may cover, without prejudice to the general power.
- Clauses (xxxi) and (xxxii) are omitted and (xxxiii) now says "High Court" (Tribunals Reforms Act, 2021).
- Clauses (xxxiiia) and (xxxiiib) cover inquiry, penalty and appeal rules under sections 112A and 112B (Jan Vishwas Act, 2023).
- Retrospective effect is limited by sub-section (3); rules are laid before Parliament for thirty days.
Read next
- Section 158: consequential amendments
- Section 159: repeal of the 1958 Act and savings
- Trademark registration fees and government charges
- Introduction to the Trade Marks Act 1999: complete guide
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.