Sections 71-72 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.
Sections 71 and 72 set out how a certification trade mark is applied for and what the Registrar looks at before allowing it. The applicant must file draft regulations with the application. The Registrar then asks three questions about competence, the regulations and the public advantage, and may refuse, or accept with conditions.
An application for a certification trade mark is made to the Registrar by the person proposed to be the proprietor, accompanied by a draft of the regulations (section 71(1)). Sections 18, 19 and 22 apply, with "acceptance" read as "authorisation to proceed" (section 71(2)). The Registrar considers whether the applicant is competent to certify the goods, whether the draft regulations are satisfactory, and whether registration would be to the public advantage, and may refuse or accept and approve the draft, with or without conditions (section 72). Except for unconditional acceptance, he must hear the applicant.
Section 71: the application
Sub-section (1): who applies and what is filed
"An application for the registration of a mark as a certification trade mark shall be made to the Registrar in the prescribed manner by the person proposed to be registered as the proprietor thereof, and accompanied by a draft of the regulations to be deposited under Section 74."
| Requirement | Detail |
|---|---|
| Where | To the Registrar |
| By whom | The person proposed to be registered as proprietor |
| With what | A draft of the regulations to be deposited under section 74 |
| How | In the prescribed manner |
Section 74 says what the regulations must contain; see Sections 73-74. The eligibility bar in section 70, that the proprietor must not carry on a trade in goods or services of the kind certified, applies throughout. See Sections 69-70.
Under the Trade Marks Rules, 2017 as notified, rule 137 says the application is made in Form TM-A along with the draft regulations, and rule 137(4) lists what the regulations shall specify, among other things: a description of the applicant; the nature of the applicant's business; particulars of infrastructure such as research and development and technical manpower support; the applicant's competence to administer the certification scheme; its financial arrangement; an undertaking that there will be no discrimination against any party who meets the requirements in the regulations; the characteristic that the mark will indicate; the manner of monitoring use of the mark in India; and other particulars the Registrar may call for. Rule 138 requires a statement of case. The fee is in the First Schedule; no amount is given here.
If your organisation wants to run a certification scheme, our trademark registration team can prepare the application and the draft regulations so they address these points from the start.
Sub-section (2): the ordinary provisions applied
"Subject to the provisions of Section 70, the provisions of Sections 18, 19 and 22 shall apply in relation to an application under this section as they apply in relation to an application under Section 18, subject to the modification that references therein to acceptance of an application shall be construed as references to authorisation to proceed with an application."
This brings in three ordinary provisions:
- Section 18, the application for registration. See Section 18.
- Section 19, withdrawal of acceptance, which is the Registrar's power to reconsider an accepted application. See Section 19.
- Section 22, correction and amendment of an application.
The modification is only of vocabulary: where those sections speak of "acceptance", read "authorisation to proceed". Section 72 then supplies the Registrar's own decision on the application, and section 73 deals with advertisement and opposition once an application has been accepted.
Sub-section (3): the considerations
"In dealing under the said provisions with an application under this section, the Registrar or the High Court, as the case may be, shall have regard to the like considerations, so far as relevant, as if the application were applications under Section 18 and to any other considerations relevant to applications under this section, including the desirability of securing that a certification trade mark shall comprise some indication that it is a certification trade mark."
Before the Tribunals Reforms Act, 2021 this read "the tribunal". The Act substituted "Registrar or the High Court, as the case may be". Two ideas are in the sub-section. The ordinary considerations on a mark application apply so far as relevant, and the authority may also consider whether the mark carries an indication that it is a certification trade mark, a requirement that echoes the collective mark rule in section 62. See Sections 61-62.
Section 72: the Registrar's consideration
Sub-section (1): three matters and two outcomes
"The Registrar shall consider the application made under Section 71 with regard to the following matters, namely:—"
| Matter | Question |
|---|---|
| (a) | Whether the applicant is competent to certify the goods in respect of which the mark is to be registered |
| (b) | Whether the draft of the regulations to be filed under section 74 is satisfactory |
| (c) | Whether in all the circumstances the registration applied for would be to the public advantage |
He may then either:
- (i) refuse the application; or
- (ii) accept the application and approve the draft regulations, either without modification and unconditionally or subject to any conditions or limitations, or to any amendments or modifications of the application or of the regulations, which he thinks requisite having regard to any of the matters.
Note the words in clause (a): "competent to certify the goods". The Act prints only "goods" in this clause, although certification marks can also be for services, as the definition and section 70 show. In practice, the applicant should show competence for whatever goods or services it asks to certify.
Sub-section (2): the right to be heard
"Except in the case of acceptance and approval without modification and unconditionally, the Registrar shall not decide any matter under sub-section (1) without giving the applicant an opportunity of being heard."
So the applicant has a right to a hearing whenever the Registrar means to refuse, or to accept with conditions or amendments. Only a clean, unconditional acceptance is exempt. The Trade Marks Rules, in rule 139, apply the provisions on examination, hearing, opposition, registration and renewal to certification marks with the necessary changes. Check the Rules as currently amended.
For representation at a hearing, our guide to preparing for a trademark hearing lists the usual documents and arguments.
Example. The Bharat Handloom Standards Trust applies to register a certification mark for handloom cloth, filing draft regulations. The Trust does not trade in cloth, so section 70 is no obstacle. The Registrar is not satisfied about how the Trust will test fabrics and proposes that the regulations be amended to describe the testing procedure. Because he does not intend unconditional acceptance, he gives the Trust a hearing under sub-section (2). Once the regulations are amended, he accepts the application and approves them. Opposition and the rest of the process then follow.
How the process runs
- File the application with draft regulations (section 71(1)).
- Examination under the applied provisions (section 71(2)-(3)).
- Registrar considers competence, regulations and public advantage (section 72(1)).
- Hearing if refusal or conditions are in view (section 72(2)).
- Acceptance and approval of the draft, then advertisement and opposition (section 73).
Practical points
- Show competence with evidence: staff, laboratories, procedures, finances.
- Make the regulations complete. They are one of the three matters.
- Address the public advantage in your statement of case.
- Include an indication that the mark is a certification mark.
- Take the hearing seriously; the statute requires it for anything other than clean acceptance.
Need help with a certification mark application?
Competence, regulations and public advantage are all examined. Our trademark registration team can prepare the application and the draft regulations, and represent you if the Registrar proposes conditions.
Key takeaways
- The application goes to the Registrar with a draft of the regulations to be deposited under section 74.
- Sections 18, 19 and 22 apply, with "authorisation to proceed" read for "acceptance".
- The Registrar considers competence to certify, satisfactoriness of the draft regulations and public advantage.
- He may refuse, or accept and approve the draft, unconditionally or with conditions, limitations or amendments.
- The applicant must be heard unless acceptance is unconditional and without modification.
- "Tribunal" in section 71(3) now reads "Registrar or the High Court, as the case may be".
Read next
- Sections 69-70: certification trade marks, excluded provisions and registration
- Sections 73-74: opposition and regulations for certification marks
- Section 18: application for registration
- Certification trade marks under the 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.