Chapter XIII - Miscellaneous
Section 127
Section 127: Registrar evidence, costs and review powers
The Registrar has specified civil-court powers for evidence, can make qualifying costs orders and may review a decision on a prescribed application.
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Need advice on Section 127?
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 all proceedings under this Act before the Registrar,—
(a) the Registrar shall have all the powers of a civil court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses;
(b) the Registrar may, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable, and any such order shall be executable as a decree of a civil court:
Provided that the Registrar shall have no power to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or provision of services or to authorise the use of the mark;
(c) the Registrar may, on an application made in the prescribed manner, review his own decision.
Rule and business relevance
The listed powers include witnesses, documents, oaths and commissions. A qualifying costs order is executable as a civil-court decree, but the certification-refusal appeal described in the proviso is excluded from the costs power.
Limits and related provisions
The section does not make every Registry process a civil suit or provide unlimited review without the prescribed application. Check the particular power and exception.
Hypothetical business example
Hypothetical example: In a disputed registration proceeding, a party requests relevant documents and witnesses, then considers a prescribed review application rather than assuming an informal email reopens the decision.
Practical decision flow
Identify the evidence or procedural power needed.
Check the relevant rules and the certification-costs exception.
Use the prescribed application and retain the resulting order.
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
- Identify the evidence or procedural power needed.
- Check the relevant rules and the certification-costs exception.
- Use the prescribed application and retain the resulting order.
Avoid
- The section does not make every Registry process a civil suit or provide unlimited review without the prescribed application. Check the particular power and exception.
Glossary
- Civil-court evidence powers
- The specific procedural powers listed in clause (a).
- Review application
- The prescribed request to revisit the Registrar’s own decision.
Frequently asked questions
Can witnesses and documents be compelled?
The specified powers include attendance, discovery and production.
Can every certification-refusal appeal carry a Registrar costs award?
The proviso excludes the stated appeal from that power.
Is review mentioned?
Yes, on an application made in the prescribed manner.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026