Chapter XIII - Miscellaneous
Section 130
Section 130: Death of a party during Registry proceedings
A pending non-court proceeding can continue through substitution of a successor in interest or, where sufficient, through the surviving parties.
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Need advice on Section 130?
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
If a person who is a party to a proceeding under this Act (not being a proceeding before *** a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest.
Rule and business relevance
Substitution follows a request and proof satisfying the Registrar that the deceased person’s interest has transmitted. If surviving parties sufficiently represent that interest, the Registrar may permit continuation without substitution.
Limits and related provisions
This is not the procedure for proceedings before a court. Death alone does not prove who succeeded to the interest; supply the appropriate succession or transmission evidence.
Hypothetical business example
Hypothetical example: A proprietor dies during a Registry proceeding. The successor submits supporting transmission documents and requests substitution, subject to the Registrar’s assessment.
Practical decision flow
Confirm the proceeding falls outside the court exclusion.
Identify and evidence the transmitted interest.
Request substitution or address sufficient representation by surviving parties.
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
- Confirm the proceeding falls outside the court exclusion.
- Identify and evidence the transmitted interest.
- Request substitution or address sufficient representation by surviving parties.
Avoid
- This is not the procedure for proceedings before a court. Death alone does not prove who succeeded to the interest; supply the appropriate succession or transmission evidence.
Glossary
- Successor in interest
- The person to whom the relevant interest has transmitted.
- Sufficient representation
- The alternative basis for continuing with surviving parties.
Frequently asked questions
Does the rule govern court substitution?
The provision excludes proceedings before a court.
Is substitution always mandatory?
The Registrar may instead find the surviving parties sufficiently represent the interest.
Is evidence of transmission required?
Yes, to the Registrar’s satisfaction for the substitution route.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026