Chapter XIII - Miscellaneous
Section 129
Section 129: Evidence before the Registrar
Affidavit evidence is the stated mode before the Registrar, with a discretion to receive oral evidence instead or in addition.
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Need advice on Section 129?
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 proceeding under this Act before the Registrar, evidence shall be given by affidavit:
Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit.
Rule and business relevance
The Registrar may use the proviso when considered fit. A party should distinguish sworn factual evidence from unsworn submissions and follow the applicable evidentiary rules.
Limits and related provisions
Do not assume that an ordinary explanatory email is an affidavit or that oral evidence must be accepted in every case. The Registrar’s discretion and procedure matter.
Hypothetical business example
Hypothetical example: An opponent prepares sworn factual evidence and seeks oral evidence where justified, rather than treating its written argument as proof of every fact.
Practical decision flow
Identify the facts requiring proof.
Prepare compliant affidavit evidence and supporting material.
Assess whether to request oral evidence under the proviso.
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 facts requiring proof.
- Prepare compliant affidavit evidence and supporting material.
- Assess whether to request oral evidence under the proviso.
Avoid
- Do not assume that an ordinary explanatory email is an affidavit or that oral evidence must be accepted in every case. The Registrar’s discretion and procedure matter.
Glossary
- Affidavit
- The sworn evidentiary form specified as the general mode.
- Oral-evidence discretion
- The Registrar’s power to take oral evidence instead or additionally.
Frequently asked questions
What is the stated general mode?
Evidence by affidavit.
Can oral evidence also be taken?
Yes, if the Registrar thinks fit.
Must oral evidence replace all affidavits?
No. It may be in lieu of or in addition to affidavit evidence.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026