Sections 65-66 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.
Two short sections complete the life cycle of a collective mark's rulebook. Section 65 makes the regulations open to public inspection in the same way as the register. Section 66 says that an amendment to the regulations has no effect until it has been filed with the Registrar, accepted and published.
The regulations filed with a collective mark application under section 63(1) shall be open to public inspection in the same way as the register, as provided in section 148 (section 65). Any amendment of those regulations is not effective unless the amended regulations are filed with the Registrar, and accepted and published by him in accordance with section 64 (section 66). Until then, the old regulations govern.
Section 65: the regulations are public
"The regulations referred to in sub-section (1) of Section 63 shall be open to public inspection in the same way as the register as provided in Section 148."
| Question | Answer from the text |
|---|---|
| Which documents? | The regulations that accompanied the collective mark application under section 63(1) |
| Who may inspect? | The public, in the same way as the register |
| Under which provision? | Section 148 sets out the way the register is inspected |
The reason is straightforward. A collective mark tells the public that goods or services come from members of an association who follow certain rules. If the rules are not open to inspection, the public cannot check what the mark stands for, and a member or a third party cannot find out who is authorised to use it. Because the regulations are open to inspection, an association should draft them knowing that competitors and members will read them. Section 148 is covered in Sections 147-148; and the Act's description of the register itself is in Section 6.
If your association is preparing or revising its rulebook, our trademark registration team can review the document and manage the filing.
Section 66: amendments need acceptance and publication
"Any amendment of regulations referred to in sub-section (1) of Section 63 shall not be effective unless the amended regulations are filed with the Registrar, and accepted and published by him in accordance with Section 64."
There are three steps, and all are needed.
- Filing. The amended regulations are filed with the Registrar.
- Acceptance. The Registrar accepts them. Section 64 is the model: he may accept unconditionally, accept subject to conditions including amendments, or refuse.
- Publication. He publishes (notifies) the regulations, as section 64 requires for accepted regulations.
Until all three have happened, "the amendment shall not be effective". An association that changes its membership conditions or sanctions by a general body resolution, but does not go through the Registry, has not changed the regulations that bind the mark. The practical risk is that the association tries to enforce the changed rule against a member, or a member relies on the older rule on the register. See Sections 63-64.
What the Rules say about the procedure
The Trade Marks Rules, 2017 as notified deal with this in rule 134(a). An application by the registered proprietor of a collective mark for any amendment to the regulation under section 66 is made in Form TM-M. Where the Registrar accepts any such amendment, he advertises the application in the Journal, and further proceedings are governed by rules 42 to 51. Rule 134(b) adds that a collective mark may be renewed from time to time, with rules 57 to 61 applied with the necessary changes. The fee is in the First Schedule; no amount is given here. Check the current Rules and form, as they can be amended.
The rule therefore ties acceptance to a public step: advertisement in the Journal, followed by the further proceedings under rules 42 to 51. That is consistent with section 66's requirement of publication.
Why the link with section 68 matters
Section 68(b) allows the registration of a collective mark to be removed on the ground that the proprietor "has failed to observe, or to secure the observance of, the regulations governing the use of the mark". The regulations that count are the ones that are in force. If an association has amended its regulations in practice but not in the Registry, its conduct will be measured against the filed and published version. See Sections 67-68.
Comparison with certification marks
For certification trade marks, regulations are filed under section 74. Sub-section (1) makes them open to inspection in like manner as the register, as provided in section 148, and sub-section (2) lets the Registrar alter them on the application of the registered proprietor. The scheme is similar but the wording differs. See Sections 73-74.
Example. The Malabar Spice Growers Association owns a collective mark. Its general body resolves to add a new rule that members must pack spices only in sealed pouches. The secretary prints the new rule on membership forms but takes no step at the Registry. A member who packs in jars is warned. Under section 66 the new rule is not effective, because the amended regulations were not filed, accepted and published. The Association should file the amendment in Form TM-M, wait for acceptance and publication, and only then enforce it.
Practical points
- Never treat an internal resolution as the final step. Section 66 requires filing, acceptance and publication.
- Check the regulations on file before enforcing any rule against a member.
- Draft for an audience. The regulations are open to inspection.
- Expect advertisement of the amendment in the Journal under the Rules.
- Diary renewal. Rule 134(b) applies the ordinary renewal provisions to collective marks.
Need help amending your collective mark rulebook?
An amendment is not effective until the Registry has accepted and published it. Our trademark registration team can prepare the amended regulations, file the application and follow it to publication.
Key takeaways
- Collective mark regulations are open to public inspection in the same way as the register, as provided in section 148.
- An amendment of the regulations is not effective unless the amended regulations are filed, accepted and published in accordance with section 64.
- The Rules name Form TM-M for amendment applications and provide for advertisement in the Journal.
- The regulations on file are the ones the association must observe under section 68(b).
- Do not enforce a changed rule until the amendment is effective.
Read next
- Sections 63-64: collective mark application, regulations and acceptance
- Sections 67-68: collective mark infringement proceedings and removal
- Sections 147-148: indexes and documents open to public inspection
- 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.