Rule 26 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 26 says how the mark itself must be shown in the application. It fixes a size for ordinary marks, an extra requirement for colour combinations, a set of views for three-dimensional marks and for the shape of goods or packaging, and a format for sound marks. It also lets the Registrar insist on a better representation. Anyone preparing a logo, a shaped bottle or a sound for a trademark registration application should read it before filing.
Every application and each required copy must contain a clear and legible representation of the mark of size not exceeding 8 cm x 8 cm (rule 26(1)). A colour-combination claim needs a reproduction in that combination of colours. A three-dimensional mark needs three different views, and the shape of goods or packaging needs at least five views with a description. A sound mark is submitted in MP3 format not exceeding thirty seconds with a graphical representation of its notations.
Sub-rule (1): size and clarity
"Every application for the registration of a trademark, and where additional copies of the application are required, every such copy, shall contain a clear and legible representation of the trademark of size not exceeding 8 cm x 8 cm."
The rule sets only a maximum. It does not set a minimum, and "clear and legible" is the real test. The rule does not say what happens if you exceed the size. The Registrar's power in sub-rule (6) is the likely remedy.
Sub-rule (2): colour combinations
"Where an application contains a statement to the effect that the applicant wishes to claim combination of colours as a distinctive feature of the trademark, the application shall be accompanied with reproduction of the trademark in that combination of colours."
This follows rule 23(2)(d): the application must first state that it is a combination of colours, and then the reproduction must be in colour.
Sub-rule (3): three-dimensional marks
Where the application states that the mark is three-dimensional, the reproduction "shall consist of a two dimensional graphic or photographic reproduction" as follows:
| Clause | Requirement |
|---|---|
| (i) | Three different views of the trademark |
| (ii) | If the Registrar considers the reproduction does not sufficiently show the particulars, he may call upon the applicant to furnish within two months up to five further different views and a description by words |
| (iii) | If still not sufficient, he may call upon the applicant to furnish a specimen of the trademark |
So a three-dimensional mark begins with three views, may grow to as many as eight (three plus up to five further), and may end with a specimen. The two months in clause (ii) run from the call, as the text puts it, "within two months".
Sub-rule (4): shape of goods or packaging
"(i) Where an application for the registration of a trademark consists of shape of goods or its packaging, the reproduction furnished shall consist of at least five different views of the trademark and a description by word of the trademark. (ii) If the Registrar considers the different views or description ... do not sufficiently show the particulars of the shape of goods or its packaging, he may call upon the applicant to furnish a specimen of the goods or packaging, as the case may be."
Note the difference from sub-rule (3): three views for a three-dimensional mark generally, but at least five views and a word description for a shape of goods or packaging. The text does not explain the choice between the two sub-rules where a shape is also three-dimensional; for a shape mark, sub-rule (4) speaks to the shape specifically.
Sub-rule (5): sound marks
"Where an application for the registration of a trademark consists of a sound as a trademark, the reproduction of the same shall be submitted in the MP3 format not exceeding thirty seconds' length recorded on a medium which allows for easy and clearly audible replaying accompanied with a graphical representation of its notations."
| Element | Requirement |
|---|---|
| Format | MP3 |
| Length | Not exceeding thirty seconds |
| Medium | Allows easy and clearly audible replaying |
| Accompaniment | A graphical representation of its notations |
Our article on sound marks and non-traditional trademarks discusses the wider picture. The rule itself covers only the way of submitting the sound.
Sub-rule (6): the Registrar may ask for another
"If the Registrar is not satisfied with any representation of a trademark, he may at any time require another representation satisfactory to him to be substituted before proceeding with the application."
The words "at any time" and "before proceeding" show that the Registrar can hold the application until a better representation is substituted. The rule does not tell us how the substitution interacts with rule 37, which bars an amendment that substantially alters the mark. Read the two together, and keep the new representation true to the mark as filed.
Which sub-rule for which mark
| Type of mark | Rule 26 provision |
|---|---|
| Ordinary word or logo | (1): clear, legible, not exceeding 8 cm x 8 cm |
| Colour combination | (2): reproduction in that combination of colours |
| Three-dimensional mark | (3): three views, up to five more, then a specimen |
| Shape of goods or packaging | (4): at least five views and a description, then a specimen |
| Sound | (5): MP3, not exceeding thirty seconds, with notations |
Example: Shreya Cosmetics applies for a bottle shape. Under rule 26(4)(i) it submits at least five views and a word description. The Registrar finds the views unclear and asks for a specimen of the packaging under (4)(ii). A second applicant, Tone Labs, has a jingle: it submits an MP3 of under thirty seconds with a graphical representation of the notations, as sub-rule (5) requires.
The legal definition of "mark" and "trade mark" is in section 2 of the Act, and the requirement for graphical representation appears in rule 2(1)(k).
Version note
This article reflects the Rules as notified on 6 March 2017. Later amendments should be checked.
Need help with presenting your mark?
A poor representation can delay an application. If your mark is a logo, a colour combination, a shape or a sound, our trademark registration team can prepare the representation to match rule 26 before filing.
Key takeaways
- Ordinary marks: clear, legible, not exceeding 8 cm x 8 cm.
- Colour combination: reproduction in that combination.
- Three-dimensional mark: three views; the Registrar may call for up to five more within two months, then a specimen.
- Shape of goods or packaging: at least five views and a description.
- Sound: MP3, not exceeding thirty seconds, with a graphical representation of notations.
- The Registrar may require a substitute representation at any time.
Read next
- Rule 23: form and signing of the application
- Rules 27–28: series trademarks and transliteration and translation
- Rules 37–38: correction and amendment of application and withdrawal of acceptance
- Trademark for logo: how to register a logo in India
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.