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Chapter XIII - Miscellaneous

Section 132

Section 132: Default and abandonment of an application

The Registrar may require an applicant to remedy a prosecution default by a stated time and then treat the application as abandoned if it is not remedied.

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Need advice on Section 132?

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

Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act or any Act relating to trade marks in force prior to the commencement of this Act, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice.

Rule and business relevance

The section provides notice and, if desired, an opportunity of hearing. It includes applications under this Act and earlier trade mark legislation within the stated scope.

Limits and related provisions

Do not assume the notice is merely optional correspondence. Equally, do not describe abandonment as occurring without the statutory notice and hearing framework.

Hypothetical business example

Hypothetical example: An applicant receives a default notice and promptly supplies the missing response or requests a hearing within the applicable process.

Practical decision flow

Read the notice and identify the actual default.

Remedy it within the specified time or seek the available hearing.

Track the Registrar’s decision and keep proof of compliance.

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

  • Read the notice and identify the actual default.
  • Remedy it within the specified time or seek the available hearing.
  • Track the Registrar’s decision and keep proof of compliance.

Avoid

  • Do not assume the notice is merely optional correspondence. Equally, do not describe abandonment as occurring without the statutory notice and hearing framework.

Glossary

Prosecution default
A failure to progress the application identified by the Registrar.
Abandonment
The treatment permitted if the notified default remains unremedied.

Frequently asked questions

Is a remedy notice part of the process?

Yes. The section allows notice specifying the time to remedy.

Can the applicant seek a hearing?

An opportunity is contemplated if desired.

Does ignoring the notice carry a risk?

The application may be treated as abandoned if the default is not remedied.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026