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Introduction
The Central Government has officially published these draft amendments to the Trade Marks Rules, 2017, under the authority of Section 157(2) of the Trade Marks Act, 2017. This publication serves to inform all persons who may be affected by the changes. A mandatory public comment period of thirty days is being observed, starting from the date the official notification is made available in the Gazette of India. The Government will only proceed with taking the draft rules into final consideration once this 30-day window for public input has expired. These measures are intended to enhance regulatory oversight and reinforce professional accountability in trade mark practice in India.
New Regulatory Backbone
The core of the draft amendments introduces a new regulatory backbone for Trade Mark Agents and Attorneys, primarily by inserting new rules (151A through 151I) and establishing two key components. First, a “Code of Conduct” is defined under Rule 2(1)(ea) and will be published in the Fifth Schedule and made mandatory by Rule 151A; any breach of this Code constitutes misconduct. Second, a Disciplinary Committee is established by Rule 151D (defined under Rule 2(1)(ga)) to adjudicate complaints. This Committee’s composition is designed to ensure balanced expertise, requiring a Presiding Officer (minimum Joint Registrar rank), Two Senior Officials (minimum Deputy Registrar rank), and Two Practicing Agent/Attorneys who must possess at least twenty years of active experience.
The Structured Disciplinary Procedure
The amendments mandate a clear, step-by-step process initiated by an aggrieved person filing a complaint electronically in Form-TM-DP to the Registrar within six months of discovering the misconduct (Rule 151B).
A critical safeguard (Rule 151C(6)) states that an agent is not deemed guilty if they submit reliable evidence of acting in good faith or exercising reasonable due diligence. All disciplinary proceedings are mandated to be strictly confidential(Rule 151G).
The Code of Conduct: Core Expectations (Fifth Schedule)
The Fifth Schedule of the draft rules comprehensively outlines the professional obligations of Trade Mark Agents and Attorneys, governing their conduct towards their clients, the Trade Marks Office, and their fellow professionals. Regarding Client Duties (Section 1A), agents are mandated to uphold the utmost good faith and integrity, maintain confidentiality, keep meticulous written records, and immediately disclose any conflicts of interest. Conversely, Prohibited Acts (Section 1B) strictly forbid actions that undermine professional integrity. These include knowingly concealing facts or providing forged or fabricated documents, falsely identifying oneself or manipulating an applicant’s identity, misappropriating client funds, and engaging in discourteous behavior toward officials. Furthermore, the rules crack down on improper marketing, banning false, deceptive, or misleading advertisements, guarantees of registration, or exaggerated claims, while also imposing a strict prohibition on private or unofficial communications with officials concerning pending matters to influence the decision or outcome. Collectively, these draft rules represent a proactive measure to instill a high degree of professional accountability and ethical governance within the Trade Marks ecosystem.
Conclusion
The Central Government, utilizing its authority under Section 157(2) of the Trade Marks Act, 2017, has formally published these draft amendments to the Trade Marks Rules, 2017. This action serves as a public notification to all affected persons, initiating a mandatory public comment period of thirty days from the date the official document appears in the Gazette of India. The Government has made it clear that it will only proceed to finalize the rules after this 30-day window has expired and all submitted suggestions and objections have been examined. These measures are fundamentally intended to enhance regulatory oversight and reinforce professional accountability within trade mark practice across India.
Expositor(s): Adv. Archana Shukla, Kriti Agarwal (Intern)
