Sections 63-64 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.
A collective mark is only as sound as the rulebook behind it. Section 63 requires every application for a collective mark to carry the regulations governing its use. Section 64 lets the Registrar accept the application and the regulations, with or without conditions, or refuse, and says that accepted regulations are notified. An association preparing such a filing can use our trademark registration service to cover the points the Act and Rules require.
An application for a collective mark must be accompanied by regulations governing its use (section 63(1)). They must specify the persons authorised to use the mark, the conditions of membership of the association, the conditions of use, including sanctions against misuse, and other prescribed matters (section 63(2)). If the requirements are satisfied, the Registrar accepts the application together with the regulations, unconditionally or subject to conditions, including amendments of the regulations, or refuses it, and notifies the regulations if accepted (section 64).
Section 63: what the regulations must contain
Sub-section (1): no application without regulations
"An application for registration of a collective mark shall be accompanied by the regulations governing the use of such collective mark."
A collective mark application that arrives without regulations is incomplete under the Act. This is different from an ordinary application under section 18, where no such document is required. See Section 18.
Sub-section (2): the minimum content
"The regulations referred to in sub-section (1) shall specify the persons authorised to use the mark, the conditions of membership of the association and, the conditions of use of the mark, including any sanctions against misuse and such other matters as may be prescribed."
| Required item | Meaning |
|---|---|
| Persons authorised to use the mark | Who may use it; this ties to the idea of an "authorised user", a member of the association authorised to use the mark (the Explanation to section 68) |
| Conditions of membership | Who can be a member and on what terms |
| Conditions of use | How the mark may be used, for instance on which goods and in what manner |
| Sanctions against misuse | What the association can do if a member misuses the mark |
| Other prescribed matters | Whatever the Rules add |
What the Rules add
The Trade Marks Rules, 2017 as notified add detail in Part II (rules 130 to 135). Under rule 131, an application for a collective mark under section 63(1) is made to the Registrar in Form TM-A along with the draft regulations. Rule 131(4) says the regulations shall specify, among other things:
- the name of the association of persons and their respective office addresses;
- the object of the association;
- the details of members;
- the conditions for membership and the relation of each member with the group;
- the persons authorised to use the trade mark and the nature of control the applicant exercises over its use;
- the conditions governing use, including sanctions;
- the procedure for dealing with appeals against the use of the collective mark; and
- other relevant particulars the Registrar may call for.
Rule 132 requires a statement of case, in duplicate, setting out the grounds on which the applicant relies. Rule 131(2) says references in Part I of the Rules to acceptance of an application are read as references to "authorisation to proceed" with the application. Rule 133 applies the provisions on examination, hearing, opposition, registration and renewal to collective marks, with the necessary changes. The fee is in the First Schedule; no amount is given here. Check the current Rules and forms, as they can be amended.
Section 64: acceptance by the Registrar
"If it appears to the Registrar that the requirements for registration are satisfied, he shall accept the application together with the regulations, either unconditionally or subject to such conditions including amendments of the said regulations, if any, as he may deem fit or refuse to accept it and if accepted shall notify the regulations."
Break it into steps.
- Test. The Registrar must find that "the requirements for registration are satisfied". That covers the ordinary requirements of the Act and the special ones in Chapter VIII.
- Outcome. He may accept unconditionally, accept subject to conditions that can include amendments to the regulations, or refuse.
- Notification. If accepted, he "shall notify the regulations". The accepted rulebook becomes public, which links with section 65 on inspection. See Sections 65-66.
The significance of "together with the regulations" is that the Registrar is judging both the mark and the rulebook. A well-drafted mark may still be held back by weak regulations, and the Registrar can ask for amendments as a condition of acceptance.
Where the Registrar accepts the application and notifies the regulations, the ordinary opposition process described in Section 21 follows, as the Rules apply it to collective marks.
Example. The Sundarban Honey Producers Association applies for a collective mark and files draft regulations. The regulations name the association and its members, state the conditions for joining, limit the mark to honey meeting a stated standard, and provide for suspension of a member who breaches it. The Registrar finds that the sanctions are unclear and accepts the application on condition that the regulations are amended to say how a member can appeal against suspension. Once the association amends them and the application is accepted, the Registrar notifies the regulations.
Practical points
- Draft the regulations before you file. The application is not complete without them.
- Cover every item in section 63(2) and rule 131(4). Include sanctions and the appeal procedure.
- Plan for conditions. The Registrar may accept subject to amendments of the regulations.
- Remember the regulations become public once notified; do not include confidential commercial detail.
- Keep the member list and addresses current, because the Rules call for details of members and office addresses.
Need help drafting collective mark regulations?
Regulations are a legal document and the application will be examined with them. Our trademark registration team can draft or review them, file the application and handle the Registry's response.
Key takeaways
- A collective mark application must be accompanied by regulations governing use of the mark.
- The regulations must specify persons authorised to use the mark, conditions of membership, conditions of use including sanctions against misuse, and other prescribed matters.
- The Rules require the application in Form TM-A with draft regulations and list further contents.
- The Registrar accepts the application together with the regulations, unconditionally or on conditions including amendments, or refuses.
- If accepted, the regulations are notified.
Read next
- Sections 61-62: collective marks and marks that must not mislead
- Sections 65-66: collective mark regulations, inspection and amendment
- Sections 67-68: collective mark infringement proceedings and removal
- Collective marks under the Trade Marks Act
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.