Chapter XII - Offences, Penalties and Procedure
Section 112B
Section 112B: Appeals against penalty orders
A person aggrieved by a section 112A order may appeal within 60 days of receiving it to the notified appellate authority.
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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
(1) Whoever aggrieved by an order of the adjudicating officer under section 112A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf.
(2) Every appeal under this section shall be preferred in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) No appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.
(5) The appellate authority referred to in sub-section (1) shall dispose of the appeal within sixty days from the date of filing.
(6) Notwithstanding anything contained in this Act, if the person fails to comply with the order of the adjudicating officer under section 112A or the order of the appellate authority under this section, as the case may be, within ninety days of such order, he shall, in addition to the penalty, be punishable with fine of one lakh rupees or imprisonment for a term which may extend to one year, or with both.
Rule and business relevance
The authority must be at least one rank above the adjudicating officer. A late appeal needs sufficient cause; hearing is mandatory before disposal. The authority is to dispose of the appeal within 60 days of filing. Non-compliance with the relevant order within 90 days attracts the additional consequence in subsection (6).
Limits and related provisions
The 90-day non-compliance provision is separate from the 60-day appeal period and does not itself promise a stay. Its consequence is a ₹1 lakh fine or imprisonment up to one year, or both, in addition to the penalty.
Hypothetical business example
Hypothetical example: A business records when it received an adjudication order and prepares its appeal within 60 days while separately addressing compliance and any available stay process.
Practical decision flow
Record receipt of the order and identify the notified appellate authority.
File in the prescribed form and seek supported condonation if necessary.
Track the hearing, decision and compliance obligations separately.
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
- Record receipt of the order and identify the notified appellate authority.
- File in the prescribed form and seek supported condonation if necessary.
- Track the hearing, decision and compliance obligations separately.
Avoid
- The 90-day non-compliance provision is separate from the 60-day appeal period and does not itself promise a stay. Its consequence is a ₹1 lakh fine or imprisonment up to one year, or both, in addition to the penalty.
Glossary
- Receipt-based appeal period
- Sixty days measured from receipt of the adjudication order.
- Non-compliance consequence
- The additional fine or imprisonment provision in subsection (6).
Frequently asked questions
Is late admission possible?
Yes, on sufficient cause accepted by the appellate authority.
Is the appeal deadline 90 days?
No. The appeal period is 60 days; 90 days appears in the separate non-compliance provision.
Must the appellant be heard before disposal?
Yes. Subsection (4) expressly requires a reasonable opportunity.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026