The Ministry of Commerce and Industry’s Department for Promotion of Industry and Internal Trade (DPIIT) has published draft rules proposing amendments to the Trade Marks Rules, 2017, introducing a formal Code of Conduct and a robust disciplinary mechanism for Trade Mark Agents and Attorneys.
The draft rules, outlined in a notification dated October 31, 2025, aim to enhance professionalism, accountability, and ethical standards among those practicing before the Registrar of Trade Marks. The public has a period of thirty days from the publication date to submit objections and suggestions before the rules are finalized.
Key Proposed Changes
The amendments focus primarily on defining professional misconduct, establishing a structured complaint process, and setting up a dedicated body for adjudication:
A detailed Code of Conduct for Trade Mark Agents/Attorneys has been introduced in a new Fifth Schedule. This code mandates standards of practice, including issuing letters of engagement, acting with due diligence and good faith, maintaining client confidentiality, disclosing conflicts of interest, and ensuring compliance with all laws.
An agent or attorney will be liable for misconduct if they contravene the new Code of Conduct (Rule 151A).
A new Disciplinary Committee (Rule 151D) will be constituted by the Registrar, composed of a Presiding Officer (Joint Registrar rank or above), two senior officials (Deputy Registrar rank or above), and two practicing Trade Mark Agents/Attorneys with at least twenty years of active experience.
Any aggrieved person can file a complaint against an agent/attorney for misconduct using the new electronic Form TM-DP (Rule 151B) within six months of knowing about the misconduct.
Upon receiving a complaint, the Registrar will refer it to the Disciplinary Committee. If the Registrar decides an inquiry is warranted, the agent/attorney will be given one month to file a reply. The Disciplinary Committee will then adjudicate the matter and submit a recommendation (Rule 151C).
Based on the Disciplinary Committee’s recommendation, the Registrar may issue necessary orders, including a warning/censure or removal of the agent/attorney from the Register of Trade Marks Agent/Attorney (Rule 151F).
Standards for Professional Practice
The draft Code of Conduct sets clear boundaries for agents and attorneys regarding their duties to clients, the Trade Marks Office, and fellow professionals:
- Duties to Clients: Agents must act on client instructions, provide copies of all official communications, record deadlines, and avoid misrepresenting or manipulating applicant identities. They are strictly prohibited from making false promises or guaranteeing registration outcomes.
- Duties to the Trade Marks Office: Agents must ensure all filings are accurate, complete, and timely, and must not submit materially false or misleading statements. They are strictly forbidden from engaging in practices under the Prevention of Corruption Act, 1988, or attempting to privately influence the decision-making of officials.
- Unethical Practices Barred: The rules prohibit agents from engaging in fraud, using coercive methods on applicants, withholding client files unreasonably, or failing to adhere to statutory timelines despite clear instructions.
- Confidentiality and Electronic Communication: Proceedings before the Registrar’s authorized officer and the Disciplinary Committee will be strictly confidential (Rule 151G). All communications related to complaints, inquiries, and orders under the new disciplinary rules will be transmitted solely through electronic means (Rule 151H).
Public Consultation
The Central Government has invited objections or suggestions from all affected persons regarding these draft rules. Submissions must be sent to the Secretary of the DPIIT via post or email (ipr4-dipp@nic.in) before the expiry of the thirty-day period. The government will consider all feedback received.
These amendments mark a significant step towards streamlining the regulation of trade mark practice in India, prioritizing ethical conduct and client protection in the field of intellectual property.