On 31 October 2025, the Ministry of Commerce and Industry (Department for Promotion of Industry and Internal Trade – DPIIT) issued a Gazette Notification publishing the Draft Trade Marks (Amendment) Rules, 2025. These amendments seek to significantly strengthen the regulatory framework governing Trade Mark Agents/Attorneys, their professional conduct, and disciplinary oversight under the Trade Marks Rules, 2017.
The Central Government has invited objections and suggestions within 30 days from the date the Gazette becomes publicly available.
This article explains the key provisions proposed in the draft amendments.
A major highlight of the draft rules is the formal introduction of a “Code of Conduct” for Trade Mark Agents/Attorneys.
A newly inserted Rule 2(1)(ea) defines Code of Conduct as the standards published by the Registrar from time to time, particularly in the newly added Fifth Schedule.
This aims to professionalize the practice of trade mark representation and ensure ethical engagement with clients and the Trade Marks Office.
2. Establishment of a Dedicated Disciplinary Committee
he draft rules introduce a detailed mechanism to inquire into complaints of professional misconduct.
Constitution of the Disciplinary Committee (Rule 151D)
Each Committee will consist of:
A Presiding Officer not below the rank of Joint Registrar
Two senior officials not below the rank of Deputy Registrar
Two practising Trade Mark Agents/Attorneys with at least 20 years of active experience
The Committee must function independently and must not have any conflict of interest with the case.
3. What Constitutes “Misconduct”?
A new Rule 151A states that any Trade Mark Agent/Attorney who violates the Code of Conduct (Fifth Schedule) will be considered guilty of misconduct.
Misconduct includes, but is not limited to:
Unethical practices
Misrepresentation
False, misleading, or fraudulent statements
Forged or fabricated documents
Misappropriation of client funds
Collusion with Trade Marks Office officials
Improper solicitation or misleading advertisements
Failure to adhere to client instructions and statutory timelines
Manipulation of applicant’s identity
Breach of confidentiality
Intimidation or attempts to influence officials
4. Procedure for Filing and Handling Misconduct Complaints
Filing a Complaint (Rule 151B)
Any aggrieved person may file a complaint of misconduct in the newly introduced Form TM-DP, through electronic means, within six months from the date of knowledge of misconduct.
Inquiry Process (Rule 151C)
Registrar receives the complaint and refers it to the Disciplinary Committee
Committee makes initial assessment and sends recommendations
If inquiry is warranted, Registrar issues notice to the accused agent/attorney
Reply must be submitted within one month
If no reply is received, matter may be decided ex-parte
Proceedings may be conducted in physical/virtual/hybrid mode
Committee must complete inquiry within three months
Registrar passes final order based on Committee recommendations
The proceedings are kept strictly confidential.
5. Powers of the Registrar and Penalties
Under new Rule 151F, the Registrar may impose:
Warning
Censure
Removal from the Register of Trade Marks Agents/Attorneys
Every order must be digitally signed, communicated electronically, and uploaded on the official IP India website.
6. Introduction of Electronic Communication for All Proceedings
Under Rule 151H, all communication relating to misconduct complaints—including notices, orders, and correspondence—must be transmitted only through electronic means.
Proper addressing and electronic transmission is deemed sufficient proof of service.
7. Extension of Time (Rule 151I)
Registrar or Disciplinary Committee may extend timelines by up to one month, based on reasonable cause and payment of prescribed fees under Section 109.
8. New Form TM-DP and Fifth Schedule Added
The Second Schedule is amended to insert the new Form TM-DP, providing a structured format to file misconduct complaints.
The Fifth Schedule – Code of Conduct (2025)
This comprehensive schedule provides:
A. Conduct towards clients
Engagement letter mandatory
Due diligence and reasonable care
Maintaining confidentiality
Adhering strictly to client instructions
Avoiding conflicts of interest
Acting with integrity and good faith
Periodic reporting to clients
Maintaining records and deadlines
B. Prohibited acts
Misrepresentation
Forging documents
Misusing client funds
Colluding with officials
Improper solicitation
False claims regarding success rates
Misleading clients on legal requirements
Withholding client files
Obstructing due process
C. Conduct before the Trade Marks Office
Professional behaviour
No abusive or derogatory language
No attempts to influence, intimidate, or pressure officials
Strict compliance with laws and procedural rules
D. Duties towards fellow professionals
Courtesy and respect
No disparaging remarks
No unfair competition
No support for unauthorized practice of law
Conclusion
The Draft Trade Marks (Amendment) Rules, 2025 mark a significant move towards improving the regulatory and ethical standards of trade mark practice in India. By introducing a well-structured Code of Conduct and an independent Disciplinary Committee, the government aims to enhance transparency, accountability, and professionalism among Trade Mark Agents and Attorneys.
All stakeholders may provide objections or suggestions within 30 days of the Gazette’s release, ensuring participatory and consultative rulemaking.