Chapter XI APPEALS

Omitted by The Tribunal Reforms Act, 2021 (33 of 2021), s. 21 (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

Omitted by s. 21,ibid. (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

1. (1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the 1[High Court] within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.
2. (2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1): Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the 1[High Court] that he had sufficient cause for not preferring the appeal within the specified period.
3. (3) An appeal to the 1[High Court] shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.

Omitted by The Tribunal Reforms Act, 2021 (33 of 2021), s. 21 (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

1[94. Bar to appear before Registrar.--On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.]

Omitted by The Tribunal Reforms Act, 2021 (33 of 2021), s. 21 (w.e.f. 4-4-2021).

Omitted by s. 21, ibid. (w.e.f. 4-4-2021).

1. (1) An application for rectification of the register made to the 1[High Court] under section 57 shall be in such form as may be prescribed.
2. (2) A certified copy of every order or judgment of the 1[High Court] relating to a registered trade mark under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.

1. (1) The Registrar shall have the right to appear and be heard--
   • (a) in any legal proceedings before the 1[High Court] in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;
   • (b) in any appeal to the 2[High Court] from an order of the Registrar on an application for registration of a trade mark--
     • (i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or
     • (ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the Board.
2. (2) Unless the 1[High Court] otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.

Omitted by The Tribunals Reforms Act, 2021 (33 of 2021), s. 21 (w.e.f. 4-4-2021)..

Omitted by s. 21, ibid.(w.e.f. 4-4-2021).