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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.

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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 Bizeneed

Last updated 10 October 2026