Chapter XIII - Miscellaneous
Section 131
Section 131: Extension of procedural time
The Registrar may extend qualifying time limits on sufficient cause, a prescribed application and fee, even after the period has expired.
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Need advice on Section 131?
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
(1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly.
(2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section.
Rule and business relevance
The important exclusion is time expressly provided in the Act. Conditions may be imposed, and subsection (2) neither requires a hearing before disposal nor allows an appeal from the Registrar’s order under this section.
Limits and related provisions
Do not use this general power to assume an express statutory deadline can be enlarged. A specific provision may have its own extension framework, which must be checked separately.
Hypothetical business example
Hypothetical example: A party has missed a qualifying procedural time limit and applies with its explanation and fee, first confirming the deadline is not expressly fixed by the Act.
Practical decision flow
Identify the legal source of the deadline.
Check eligibility for section 131 and prepare sufficient-cause evidence.
File the prescribed application and fee and follow any imposed conditions.
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 legal source of the deadline.
- Check eligibility for section 131 and prepare sufficient-cause evidence.
- File the prescribed application and fee and follow any imposed conditions.
Avoid
- Do not use this general power to assume an express statutory deadline can be enlarged. A specific provision may have its own extension framework, which must be checked separately.
Glossary
- Express statutory time
- A period expressly provided in the Act and excluded here.
- Sufficient cause
- The explanation the Registrar must find satisfactory.
Frequently asked questions
Can an expired qualifying period be extended?
Yes. The text covers periods expired or not.
Can every Act deadline be extended here?
No. Time expressly provided in the Act is excluded.
Does the section provide an appeal?
No. Subsection (2) says no appeal lies from an order under this section.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026