Rules 109 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.
Missed deadlines are the commonest way a trademark file goes wrong. Rule 109 is the general rule on asking for more time under section 131 of the Trade Marks Act, 1999. Rules 110 and 111 deal with the Registrar's discretionary powers: how a person asks to be heard before one is exercised, and how the decision reaches the person affected.
An application for extension of time under section 131 is made in Form TM-M (rule 109(1)), except for times expressly provided in the Act, times prescribed by rule 85 or rule 86(3), and times for which the rules themselves provide an extension. The Registrar, if satisfied that the circumstances justify it, may extend the time by not more than one month, even after the time has expired (rule 109(2)). A person who wants a hearing before a discretionary power is exercised under section 128 must tell the Registrar within one month of the Registrar's notice; the hearing date is then not less than twenty-one days away (rule 110). The decision is communicated to the person affected (rule 111).
The Act behind the rules
Section 131 deals with extension of time and section 128 with the exercise of the Registrar's discretionary power; see our articles on Sections 131–132 and Sections 127–128. If a deadline is close or has passed, our trademark hearing and representation team can assess whether rule 109 is available and prepare Form TM-M.
Rule 109(1): which times can be extended and how to ask
"An application for extension of time under section 131 (not being a time expressly provided in the Act or prescribed by rule 85 or by sub-rule (3) of rule 86 or a time for the extension of which provision is made in the rules) shall be made in Form TM-M."
The bracket matters most. The general extension route does not cover:
| Excluded time | Why |
|---|---|
| A time "expressly provided in the Act" | The Act itself fixes it |
| Time prescribed by rule 85 | The six-month period for a company under section 46 (it has its own extension of up to six months in Form TM-P) |
| Time prescribed by sub-rule (3) of rule 86 | The six months for a registered user application |
| A time for the extension of which "provision is made in the rules" | The rule in question has its own extension mechanism |
So the first question for any missed deadline is whether it falls inside one of these brackets. If it does, Form TM-M under rule 109 is not the route, and the specific rule or the Act governs.
Rule 109(2): how the Registrar decides
"Upon an application made under sub-rule (1) the Registrar, if satisfied that the circumstances are such as to justify the extension of the time applied for, may, subject to the provisions of the rules where a maximum time limit is prescribed and subject to such conditions as he may think fit to impose, extend the time not exceeding one month and communicate the parties accordingly and the extension may be granted though the time for doing the act or taking the proceeding for which it is applied for has already expired."
Taking the pieces in turn:
- Satisfaction: the Registrar must be satisfied that the circumstances justify the extension. The rule gives no list of acceptable reasons, so the applicant should set out the facts fully.
- Discretion: the Registrar "may" extend; it is not a right.
- Cap per extension: "not exceeding one month".
- Rules with a maximum: the power is "subject to the provisions of the rules where a maximum time limit is prescribed". Where a rule fixes an outer limit, the extension cannot go beyond it.
- Conditions: the Registrar may impose conditions.
- After expiry: the extension "may be granted though the time ... has already expired". A late application is therefore not barred merely because the time has run out, although delay will not help the reasons.
- Communication: the Registrar communicates the outcome to the parties.
An invented example: Ridgeway Spices is asked to file a document within a period that the Rules allow to be extended under rule 109, but its authorised signatory is travelling. It files Form TM-M with the reasons, a few days after the time has expired. The Registrar, satisfied, extends the time by up to one month and informs the parties.
Rule 110: asking for a hearing before a discretionary decision
"Any person who has applied for the exercise of discretionary or other power of the Registrar and requires a hearing under section 128, shall inform the Registrar in writing of his intention to be heard within one month from the date of notice which the registrar shall give to such person before determining the matter."
| Step | Text |
|---|---|
| Who | A person who has applied for the exercise of a discretionary or other power of the Registrar |
| What they must do | Inform the Registrar in writing of the intention to be heard |
| Time | Within one month from the date of the notice the Registrar gives before determining the matter |
| Registrar's response | On receiving the information, "if any", appoint a hearing date |
| Minimum notice | A date "not less than twenty one days" away, and give notice |
Note the following.
- The month is counted from the date of the notice, not from the receipt of it. This is a short window, so the date on the notice should be diarised on receipt.
- The rule is addressed to a person "who has applied" for the exercise of the power, so it works for applicants.
- If the person does not say they want to be heard in time, the rule does not state the consequence. It says only that the Registrar appoints a hearing "upon the receipt of such information, if any".
- The rule prints no form for the intimation: a written letter will meet the wording, but the reader should check the current practice.
Drafting note: sub-rule wording refers to "the registrar" in lower case; the sense is unchanged.
Rule 111: communication of decision
"The decision of the Registrar in the exercise of any discretionary power given to him by the Act or the rules shall be communicated to the person affected."
The rule is short and general: any decision made in the exercise of a discretionary power, under the Act or the Rules, is communicated to the person affected. It does not say how (writing, post, e-mail) or in what time. Other rules, such as rule 50(6) for opposition decisions, state the mode for particular decisions; rule 111 itself does not.
The three rules together
| Rule | Subject | Form | Period |
|---|---|---|---|
| 109(1) | Application for extension of time under s.131 | TM-M | Not applicable; excluded times listed |
| 109(2) | Registrar's power to extend | None | Not exceeding one month; may be after expiry |
| 110 | Informing the Registrar of intention to be heard under s.128 | Writing | Within one month from date of the Registrar's notice |
| 110 | Date of hearing | None | Not less than twenty-one days, with notice |
| 111 | Communication of discretionary decision | None | Not stated |
Need help with a deadline or a hearing?
Time limits in trademark files are strict, and extensions are discretionary. TaxClue's trademark hearing and representation practice can check whether a time can be extended under rule 109, file Form TM-M promptly, and appear at a hearing under rule 110.
Key takeaways
- Use Form TM-M to ask for an extension of time under section 131, except for times excluded in rule 109(1) (Act-fixed times, rule 85, rule 86(3), and rules with their own extension).
- The Registrar may extend by not more than one month per application, even after the time has expired, if satisfied the circumstances justify it (rule 109(2)).
- To be heard before a discretionary power is exercised, inform the Registrar in writing within one month from the date of his notice; the hearing is at least twenty-one days later (rule 110).
- The decision on a discretionary power is communicated to the person affected (rule 111).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 107–108: Single application for multiple classes and divisional application
- Rules 112–113: Amendments, correction of irregularity and other directions
- Trademark Hearing Preparation: Documents and Arguments
Disclaimer: Based on the Trade Marks Rules, 2017 as notified on 6 March 2017, as consulted on 1 October 2026. Later amendment rules, forms and fees should be checked in their current form. This article is general information, not legal advice; check the official text before acting.