The Department of Industry Promotion and Policy has issued draft amendments to the Trade Marks Rules, 2017 for comments

The Central Government has issued draft amendments to the Trade Marks Rules, 2017 under Section 157(2) of the Trade Marks Act, 2017. Comments on the draft amendments have been invited until 30 days from the date of publication (published on Nov. 3, 2025) of these amendments in the Gazette of India containing this notice. Any person who may be affected can send objections or suggestions within this 30-day period to the Secretary, Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry, Vanijya Bhawan, New Delhi-110011, or by email to ipr4-dippnic [dot] in (ipr4-dipp[at]nic[dot]in). The Central Government will review all comments received by the deadline before finalising the rules.

The rules relating to the code of conduct for Trademarks are particularly important for EU SMEs to ensure that any trademark agent they engage with performs their duties professionally and transparently.

The draft amendments introduce new rules 151A, 151B, 151C and 151D. These rules require every Trade Mark agent or Trade Mark attorney appearing before the Registrar to comply with the prescribed Code of Conduct.  The updates to these rules shall be published in the Official Journal, and any violation of the code in the Fifth Schedule (a newly proposed schedule that contains the Code of Conduct for Trade Mark Agents/Attorneys) constitutes misconduct. Any affected person/party may file a misconduct complaint in Form TM-DP electronically within six months of becoming aware of the misconduct. Upon receiving such a complaint, the Registrar will refer it to the Disciplinary Committee. Based on the Committee's findings, the Committee may issue a notice to the Trade Mark agent or Trade Mark attorney directing them to submit a reply with supporting documents within one month of receiving the notice.

The draft rules state that if the Disciplinary Committee finds no merit in a complaint, it will report this to the Registrar and recommend dismissal; otherwise, after the agent or attorney files a reply, or if no reply is received and the matter proceeds ex parte. The Disciplinary Committee will adjudicate, and the Registrar will issue a written order accordingly. The Registrar may also initiate proceedings on his own if sufficient evidence indicates an inquiry is warranted. The Committee may conduct hearings in physical, virtual or hybrid mode, permit further representations, and may close proceedings for valid recorded reasons. An agent or attorney who proves with reliable evidence that they acted in good faith or with due diligence will not be treated as guilty of misconduct. If any party fails to appear, the Committee may proceed in their absence, and all proceedings must be completed within three months of the inquiry start date.

The draft rules also provide for a Disciplinary Committee to be set up by the Registrar, consisting of a Presiding Officer (at least Joint Registrar level), two senior officers (minimum Deputy Registrar level), and two experienced Trade Marks agents or attorneys with at least twenty years of active practice, ensuring no member has any conflict of interest; more than one committee may be constituted if needed. The Registrar will also assign the required officers and staff to support the Committee's work. After considering the recommendation of the Committee, the Registrar may pass appropriate orders, and such orders may include a warning, censure, or even removal of the agent or attorney from the Register of Trade Marks Agents/attorneys.

The draft rules state that every order issued under these provisions must be dated, digitally signed, sent to all parties, and uploaded on the Intellectual Property India website. All proceedings before the authorised officer or the Disciplinary Committee will remain strictly confidential and not open to the public. Communications under Rules 151B, 151C, 151F and 151I must be made only through electronic means, and proof of proper electronic transmission is sufficient. The Registrar or the Disciplinary Committee may also grant an extension of up to one month, with reasons recorded in writing and payment of the prescribed fee, upon a petition under Section 109. The Second Schedule will additionally include a new form after Form TM-G.

The Code of Conduct requires every Trade Mark agent or attorney to act with integrity, reasonable care, due diligence, and in the best interest of the client, issuing clear engagement letters, supervising their staff responsibly, maintaining accurate records, updating clients on all communications from the Trade Marks Office, and adhering to all applicable laws. They must maintain confidentiality, act only on client instructions other than for good faith protective acts; disclose and manage conflicts of interest, and assist clients to avoid unfair practices. Agents/attorneys are forbidden from unethical conduct, discourteous conduct with Trade Marks Office officials, concealment of facts, falsification of applicant identity, creation of sham applications, failure to meet statutory deadlines despite instructions, filing forged documents, using client funds improperly, or allowing unauthorized persons to appear before the Office. They shall not seek to influence officials, promises false hopes about registration, mislead through advertisement, exaggerate skills or success, mislead clients over distinctiveness, procedures or expected outcomes, and should follow the rules for advertisement by the Bar Council of India.

Trade Mark agents/attorneys must act with integrity, diligence, confidentiality, and professionalism, comply with all applicable laws, and keep clients fully informed. They must avoid unethical behaviour, misleading statements, coercion, forged documents, misuse of funds, or any attempt to influence officials of the Trade Marks Office improperly. Their filings must be accurate and timely, conflicts of interest must be disclosed, and withdrawal from a matter requires cause and proper notice. Any conduct violating the Trade Marks Act, Rules, or ethical standards—including acts barred under the Prevention of Corruption Act, 1988—is strictly prohibited