Chapter XIII - Miscellaneous
Section 128
Section 128: Hearing before an adverse decision
A person seeking exercise of the Registrar’s power can request a hearing within the prescribed time before that power is exercised adversely.
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Need advice on Section 128?
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
Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested to him by this Act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard.
Rule and business relevance
The hearing protection is expressly subject to section 131 and depends on the person requiring the hearing within the prescribed time. It applies to the stated discretionary or other powers under the Act and rules.
Limits and related provisions
Do not overlook the request deadline or assume this provision overrides the specific extension-of-time rule in section 131. Keep evidence of a timely request.
Hypothetical business example
Hypothetical example: An applicant facing an adverse discretionary decision submits a hearing request within the prescribed period and keeps its filing acknowledgement.
Practical decision flow
Identify the proposed adverse exercise of power.
Check the hearing-request procedure and deadline.
Submit and retain the timely request, subject to section 131.
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 proposed adverse exercise of power.
- Check the hearing-request procedure and deadline.
- Submit and retain the timely request, subject to section 131.
Avoid
- Do not overlook the request deadline or assume this provision overrides the specific extension-of-time rule in section 131. Keep evidence of a timely request.
Glossary
- Adverse exercise
- A use of the power against the applicant’s interest.
- Timely hearing request
- The prescribed-time request needed for this protection.
Frequently asked questions
Is the request timing relevant?
Yes. The person must require the hearing within the prescribed time.
Does section 131 remain relevant?
Yes. This provision is expressly subject to it.
Should the request acknowledgement be retained?
It helps establish that the hearing was requested in time.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026