Sections 73-74 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.
Once the Registrar has accepted a certification mark application, section 73 says it is advertised and opposed in the ordinary way. Section 74 says what regulations must be on file for every registered certification mark, who can read them, and how they may be altered.
After an application for a certification trade mark has been accepted, the Registrar advertises it as soon as may be, and section 21 (opposition) applies as it does to an ordinary application under section 18 (section 73). For every registered certification mark, regulations governing use must be filed at the Trade Marks Registry, including when the proprietor is to certify goods or services and authorise use; they are open to inspection like the register (section 74(1)). The Registrar may alter them on the registered proprietor's application, may advertise that application, and must hear the parties if anyone opposes (section 74(2)-(3)).
Section 73: advertisement and opposition
"When an application has been accepted, the Registrar shall, as soon as may be thereafter, cause the application as accepted to be advertised in the prescribed manner, and the provisions of Section 21 shall apply in relation to the registration of the mark as they apply in relation to an application under Section 18."
| Step | What the text says |
|---|---|
| Trigger | The application has been accepted (after the Registrar's consideration under section 72) |
| Action | The Registrar shall, as soon as may be, cause it to be advertised in the prescribed manner |
| Opposition | Section 21 applies as it applies to an application under section 18 |
Section 73 therefore plugs certification marks into the ordinary opposition procedure. For the sub-sections of section 21, see Section 21. Anyone who has an objection to a certification mark, for instance a trader who says the mark is descriptive or that the certifier does not meet the Act's conditions, uses that route. Our trademark opposition team can prepare the notice of opposition or the counterstatement for the applicant.
Under the Trade Marks Rules, 2017 as notified, rule 139 applies the provisions on examination, hearing, opposition, registration and renewal to certification marks with the necessary changes. The Schedule of forms lists Form TM-O for a notice of opposition under section 21(1) and, among others, section 73. The fee is in the First Schedule; no amount is given here. Check the current Rules, as they can be amended.
A point on timing: the word "accepted" is the trigger. Section 71(2) reads references to acceptance in sections 18, 19 and 22 as references to "authorisation to proceed". Section 72 then has the Registrar "accept" and approve the draft regulations. Section 73 starts from that acceptance. See Sections 71-72.
Section 74: the regulations
Sub-section (1): filing, contents and inspection
"There shall be filed at the Trade Marks Registry in respect of every mark registered as a certification trade mark regulations for governing the use thereof, which shall include provisions as to the cases in which the proprietor is to certify goods or services and to authorise the use of the certification trade mark, and may contain any other provisions which the Registrar may by general or special order, require or permit to be inserted therein (including provisions conferring a right of appeal to the Registrar against any refusal of the proprietor to certify goods or to authorise the use of the certification trade mark in accordance with the regulations); and regulations so filed shall be open to inspection in like manner as the register as provided in Section 148."
Take it apart.
| Element | Meaning |
|---|---|
| Filed at the Registry | For every registered certification mark |
| Must include | Provisions on the cases in which the proprietor is to certify goods or services and to authorise use of the mark |
| May include | Anything else the Registrar requires or permits by general or special order |
| Example of optional content | A right of appeal to the Registrar against the proprietor's refusal to certify goods or to authorise use in accordance with the regulations |
| Public access | Open to inspection in like manner as the register (section 148) |
The appeal point is notable. A producer whose goods meet the standard but whom the certifier refuses can be given, through the regulations, a right of appeal to the Registrar. The text says such provisions may be required or permitted; it does not make them mandatory.
The Rules in rule 137(4) list items the regulations shall specify, including the description of the applicant, competence, financial arrangement, a no-discrimination undertaking, the characteristic the mark will indicate, and how use will be monitored in India. See Sections 71-72 for the list. For the inspection provision itself, see Sections 147-148.
Sub-section (2): altering the regulations
"The regulations so filed may, on the application of the registered proprietor, be altered by the Registrar."
The initiative is the proprietor's; the Registrar then decides. Under rule 141(1), the application to alter the filed regulations is made in Form TM-M, and where the Registrar decides to permit the alteration, it is advertised in the Journal and further proceedings are governed by rules 42 to 51.
Sub-section (3): advertisement and hearing
"The Registrar may cause such application to be advertised in any case where it appears to him expedient so to do, and where he does so, if within the time specified in the advertisement any person gives notice of opposition to the application, the Registrar shall not decide the matter without giving the parties an opportunity of being heard."
Advertisement is discretionary, but once an advertisement draws an opposition, the Registrar cannot decide without hearing the parties. The Rules, as notified, are more specific about advertising a permitted alteration; read both.
Example. The Kerala Rubber Quality Council has a registered certification mark for rubber sheets. Its regulations say the Council certifies sheets that pass a stated test and authorises use by processors who sign an undertaking. After the mark is registered, the Council wants to add a new grade. It files an application in Form TM-M to alter the regulations. The Registrar considers advertising it. A rival processor gives notice of opposition within the time in the advertisement. The Registrar must then hear both sides before deciding.
Contrast with collective marks
For collective marks, the regulations accompany the application (section 63) and amendments need filing, acceptance and publication (section 66). For certification marks, the draft regulations accompany the application (section 71) and the filed regulations can be altered by the Registrar on the proprietor's application (section 74(2)). See Sections 65-66.
Practical points
- Prepare for opposition. Section 21 applies after acceptance and advertisement.
- Write the regulations to cover certification and authorisation cases. Section 74(1) requires it.
- Consider an appeal route to the Registrar for refused producers.
- Alter only through the Registrar. An internal change is not an alteration of the filed regulations.
- Remember inspection. Competitors can read the regulations.
Need help with opposing or defending a certification mark?
Whether you want to oppose a certification mark or defend your own, the timelines run from advertisement. Our trademark opposition team can prepare the opposition or counterstatement and appear at the hearing.
Key takeaways
- After acceptance, the Registrar advertises the certification mark application as soon as may be, and section 21 applies as for an ordinary application.
- Regulations governing use must be filed for every registered certification mark.
- They must cover when the proprietor is to certify and authorise use, and may include a right of appeal to the Registrar.
- They are open to inspection like the register.
- The Registrar may alter them on the registered proprietor's application, may advertise it, and must hear the parties if there is opposition.
Read next
- Sections 71-72: certification mark applications and the Registrar's consideration
- Sections 75-76: infringement of certification trade marks and exceptions
- Section 21: opposition to registration
- Trademark opposition explained
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.