Chapter XII - Offences, Penalties and Procedure
Section 117
Section 117: Costs in prosecutions
The court may award reasonable prosecution or defence costs in either direction, considering the circumstances and conduct of the parties.
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Need advice on Section 117?
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
In any prosecution under this Act, the court may order such costs to be paid by the accused to the complainant, or by the complainant to the accused, as the court deems reasonable having regard to all the circumstances of the case and the conduct of the parties and the costs so awarded shall be recoverable as if they were a fine.
Rule and business relevance
An order may require the accused to pay the complainant or the complainant to pay the accused. Awarded costs are recoverable as if they were a fine.
Limits and related provisions
Costs are discretionary and are not automatically all the legal expenditure a party claims. Keep evidence of reasonable expenditure and relevant conduct.
Hypothetical business example
Hypothetical example: After a prosecution, a party seeks costs with an itemised record. The court considers the circumstances and conduct before deciding whether and how much to award.
Practical decision flow
Keep a record of relevant prosecution or defence expenditure.
Present the circumstances and conduct supporting the request.
Follow the actual costs order and its recovery mechanism.
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
- Keep a record of relevant prosecution or defence expenditure.
- Present the circumstances and conduct supporting the request.
- Follow the actual costs order and its recovery mechanism.
Avoid
- Costs are discretionary and are not automatically all the legal expenditure a party claims. Keep evidence of reasonable expenditure and relevant conduct.
Glossary
- Reasonable costs
- The amount the court considers appropriate in context.
- Fine-like recovery
- The recovery method given to awarded costs.
Frequently asked questions
Can a complainant be ordered to pay the accused?
Yes. The provision permits an award in that direction.
Are costs mandatory in every case?
No. The court may award them.
How are awarded costs recoverable?
As if they were a fine.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026