Rules 114 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.
Rule 114 deals with a narrow, confidential task: the Registrar's opinion when a matter is referred under the proviso to section 115(4) of the Trade Marks Act, 1999. Rule 115 is the general rule on hearings: where they are held, the option of video-conferencing and what happens when the hearing officer is transferred before deciding.
An opinion sought under the proviso to section 115(4) must be forwarded in a sealed cover within seven working days of receiving the written intimation, and the Registrar must ensure complete confidentiality (rule 114(1)). It is given by the Registrar or an officer specially authorised under section 3(2), whose name is published in the Journal (rule 114(2)). Hearings under the Act and Rules are held at the notified date and time, at a place within the territorial jurisdiction of the appropriate office, and may be held by video-conferencing or other audio-visual means, in which case the hearing is deemed to take place at the appropriate office (rule 115(1)). If an officer who has reserved orders is transferred, he may still pass the order if the Registrar so directs (rule 115(2)).
The Act behind the rules
Section 115(4) lets a senior police officer search and seize without a warrant only after taking the Registrar's opinion on the trade mark facts; the site's article on Section 115 explains it. Rule 114 is the Registrar's side of that step. Section 3(2), referred to in rule 114(2), is the provision under which an officer is specially authorised; see Sections 3–5.
If you are preparing for a hearing before the Registrar, our trademark hearing and representation team can prepare the papers and appear for you.
Rule 114(1): the sealed-cover opinion
"Where a matter has been referred to the Registrar for his opinion under proviso to sub-section (4) of section 115 such opinion shall be forwarded under a sealed cover within seven working days of the receipt of such written intimation to the referring authority and the Registrar shall ensure complete confidentiality in the matter so referred."
| Element | Text |
|---|---|
| Trigger | A matter referred to the Registrar for his opinion under the proviso to section 115(4), by written intimation |
| Time | Within seven working days of receipt of the written intimation |
| Mode | Forwarded under a sealed cover to the referring authority |
| Duty | The Registrar "shall ensure complete confidentiality" |
The referring authority is the police authority in the Act's scheme, but the Rules say only "the referring authority", so that is the term used here. The rule does not say what the opinion should contain; that is for the Act's purpose (the trade mark facts). It also states no fee and no form.
Rule 114(2): who gives the opinion
"The opinion under this rule shall be given by the Registrar or an officer specially authorised for this purpose under sub-section (2) of section 3 and the name of the designated officer shall be published in the journal."
So there are two possible authors, the Registrar or a specially authorised officer, and the officer's name is published in the Journal. This tells anyone who needs an opinion whom to approach.
Rule 115(1): where and how hearings are held
"The hearing if any, in relation to any proceeding under the Act and rules may be held at the notified date and time and at such place within the territorial jurisdiction of the appropriate office as the Registrar may think fit".
Key points:
- It applies to "any proceeding under the Act and rules". It is the general rule for hearings, so it sits behind the specific hearing rules such as rule 50 (opposition) and rule 33 (examination).
- The hearing is held "at the notified date and time", which is the date and time notified in the hearing notice.
- The place is "within the territorial jurisdiction of the appropriate office", as the Registrar thinks fit. On jurisdiction, see the article on Rules 5–7 in this series.
- The words "if any" show that not every proceeding has a hearing.
The proviso: video-conferencing
"Provide that the hearing may also be held through video-conferencing or through any other audio-visual communication devices and in such cases the hearing shall be deemed to have taken place at the appropriate office."
- A hearing may be held by video-conferencing or any other audio-visual communication device.
- The deeming rule: the hearing is deemed to have taken place at the appropriate office, wherever the parties actually are. This fixes the place for jurisdiction purposes.
- Drafting note: the proviso is printed as "Provide" for "Provided"; the sense is clear.
The Explanation
"For the purposes of this rule, the expression 'communication device' has the same meaning as assigned to it in clause (ha) of sub section (ii) of section 2 of the Information Technology Act, 2000 (21 of 2000)." The rule's own text speaks of "sub section (ii)", which looks like a slip for sub-section (1); this article reports it as printed and does not describe the IT Act's definition from memory.
An invented example: Kiran Dairy's lawyer is in another State on the hearing date. The notice says the hearing is at the appropriate office on a stated date and time but allows attendance by video-conference. Kiran's lawyer attends by video. Under the proviso, the hearing is deemed to have taken place at the appropriate office.
Rule 115(2): the officer who is transferred
"Where an officer exercising the powers of the Registrar who has heard any matter under the Act or the rules, has reserved orders therein, is transferred from one office of the Registry to another or reverts to another appointment before passing an order or rendering decision therein, he may, if the Registrar so directs, pass the order or render the decision as if he had continued to be the officer in the office of the Trade Marks Registry where the matter was heard."
| Condition | Result |
|---|---|
| Officer heard the matter and reserved orders | Then, if transferred or reverted before passing the order |
| The Registrar so directs | The officer may pass the order "as if he had continued" in the office where the matter was heard |
So a transfer does not force a fresh hearing: the Registrar can direct the same officer to pass the order. The word "may" and the condition "if the Registrar so directs" make this discretionary. The rule does not say what happens if the Registrar gives no such direction.
Rules 114 and 115 at a glance
| Rule | Subject | Period or place | Source of power |
|---|---|---|---|
| 114(1) | Sealed-cover opinion | Seven working days from receipt of written intimation | Proviso to s.115(4) |
| 114(2) | Who gives the opinion | Registrar or specially authorised officer; name published in the Journal | s.3(2) |
| 115(1) | Hearings | Notified date and time; place within territorial jurisdiction of the appropriate office; video-conferencing allowed, deemed at appropriate office | Act and Rules generally |
| 115(2) | Transferred officer | May pass order if the Registrar so directs | Rules |
Need help with a hearing?
Notices, dates and the choice between attending in person and by video all matter on the day. TaxClue's trademark hearing and representation practice can prepare submissions, check the notice and attend for you. Our post on trademark hearing preparation explains the documents and arguments in general terms.
Key takeaways
- The Registrar's opinion under the proviso to section 115(4) goes in a sealed cover within seven working days of the written intimation, with complete confidentiality (rule 114(1)).
- It is given by the Registrar or a specially authorised officer under section 3(2), whose name is published in the Journal (rule 114(2)).
- Hearings are held at the notified date and time within the territorial jurisdiction of the appropriate office, and may be held by video-conferencing, in which case they are deemed held at the appropriate office (rule 115(1)).
- An officer who reserved orders may still pass them after transfer if the Registrar so directs (rule 115(2)).
- This text is the Rules as notified on 6 March 2017; check later amendments.
Read next
- Rules 109–111: Extension of time, discretionary power and communication of decision
- Rules 116–118: Costs in uncontested cases, exception and scale of costs
- 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.