Examination report replies
Record the earlier proprietor's consent to one identified application, mark and specification for the Registrar's consideration under Section 11(4).
Legal references checked:
What a Section 11(4) consent can and cannot do
Section 11(4) states that nothing in Section 11 prevents registration where the proprietor of the earlier trade mark or other earlier right consents, and that the Registrar may then register the mark under special circumstances under Section 12. The consent is therefore persuasive, not binding: the Registrar keeps a discretion and may impose conditions or limitations. A useful letter identifies the consenting proprietor exactly as on the register, each cited mark, the applicant's application and the precise goods or services covered, and states any agreed limits. Any conditions or limitations on which the application is accepted are advertised with it under Section 20(1).
Filing period and procedure
No separate period applies to the consent itself, and the Rules prescribe no form for it. File it with the examination-report reply within the Rule 33(4) period (one month from receipt) or, if obtained later, before the hearing or decision, and refer to it in the reply.
Before you prepare the draft
Facts to confirm
- Current registered proprietor of each cited mark, as shown on the official record
- Every cited mark held by that proprietor, with numbers and classes
- Exact applicant mark and goods/services the consent will cover
- Signatory's authority to act for the proprietor
- Any agreed conditions, limitations or coexistence terms
Evidence to keep ready
- Official record of each cited mark, dated when checked
- Representation and specification of the application, attached as a schedule
- Board resolution, partnership authority or power of attorney for the signatory
- Recorded assignment documents if ownership of the cited mark has changed
Editable draft framework
Replace every [placeholder] and delete optional paragraphs that your facts do not support. You can edit the text below before copying it, or select it and use Ctrl+C or Command+C.
Check before filing
Section 11(4) says the Registrar "may" register under Section 12, so consent does not bind the Registrar, who may still refuse or accept subject to conditions or limitations. A consent does not answer a Section 9 objection or a citation owned by anyone else. Obtain it from the proprietor shown on the register; if the cited mark has changed hands, the new owner should consent and the assignment should be recorded (Section 45 for a registered mark). For a jointly owned mark, obtain every joint proprietor's consent.
Keep conditions that the Registrar could impose as limitations separate from private commercial terms. Check stamp duty on any coexistence agreement under the applicable state stamp law.
This is an original drafting framework, not an official statutory form or an assurance of acceptance. Match the notice, application, evidence and service dates; use the prescribed form and complete the applicable filing, service and execution requirements.
Relevant law and official sources
- Trade Marks Act, 1999: Section 11(4); Section 12; Section 20(1) (advertisement with conditions or limitations); Section 45 where ownership of the cited mark has changed
- Trade Marks Rules, 2017: Rule 33; Rule 13 (signing of documents)
Trade Marks Act, 1999 — India Code
Trade Marks Rules, 2017 — IP India