Chapter XII - Offences, Penalties and Procedure
Section 112A
Section 112A: Penalty adjudication
The Registrar may authorise an eligible officer to inquire into and impose penalties through the prescribed procedure.
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Need advice on Section 112A?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard.
Rule and business relevance
The officer must be one referred to in section 3 and be authorised by order. The section expressly requires a reasonable opportunity of being heard before the penalty decision.
Limits and related provisions
Do not treat an unauthorised demand as the statutory adjudication process or assume criminal sentencing and penalty adjudication are identical. Check the authorisation and current prescribed procedure.
Hypothetical business example
Hypothetical example: A business receives a penalty notice and confirms the officer’s authorisation, the alleged contravention and how to present its response at the hearing.
Practical decision flow
Verify the officer’s authorisation and notice.
Prepare records addressing the alleged contravention.
Use the hearing opportunity and obtain the reasoned order and receipt record.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Verify the officer’s authorisation and notice.
- Prepare records addressing the alleged contravention.
- Use the hearing opportunity and obtain the reasoned order and receipt record.
Avoid
- Do not treat an unauthorised demand as the statutory adjudication process or assume criminal sentencing and penalty adjudication are identical. Check the authorisation and current prescribed procedure.
Glossary
- Adjudicating officer
- An officer authorised by the Registrar under this provision.
- Opportunity of hearing
- The express procedural safeguard before imposing the penalty.
Frequently asked questions
Can the Registrar authorise any private person?
The section refers to an officer covered by section 3.
Is a hearing opportunity required?
Yes. A reasonable opportunity of being heard is express.
Where is the penalty appeal route?
Section 112B supplies the separate appeal framework.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026