The Department for Promotion of Industry and Internal Trade (DPIIT) has released the Draft Trade Mark (Amendment) Rules, 2025 proposing significant changes to the professional framework governing trade mark agents. The draft introduces a formal Code of Conduct and a structured disciplinary mechanism aimed at enhancing accountability, transparency, and ethical practice in trade mark prosecution.
The amendments propose the insertion of a new Rule mandating adherence to a Code of Conduct, which will be included in a newly introduced Fifth Schedule. Agents and attorneys are required to exercise due diligence, maintain confidentiality, avoid misleading claims, disclose conflicts of interest, and issue clear engagement letters defining the scope of work. The draft also prohibits unethical practices such as misrepresentation, coercive solicitation, or undue influence on the Trade Marks Office.
A dedicated Disciplinary Committee is proposed to inquire into complaints filed through a new Form TM-DP. Complaints must be submitted within six months of knowledge of misconduct. The Committee is required to complete its inquiry within three months, and may conduct proceedings physically or through virtual or hybrid modes. Upon establishing misconduct, the Committee may issue a warning, censure, or remove the agent’s name from the Register.
The draft amendments reflect the Government’s intent to strengthen professional governance within the trade mark ecosystem and to ensure that applicants receive responsible and ethical representation. Suggestions and objections may be submitted within thirty days of publication of the draft Rules.
Source: Gazette Notification of Draft Amendments to the Trade Marks Rules, 2017