Chapter XIII - Miscellaneous
Section 136
Section 136: Joining registered users to proceedings
A registered user using by permitted use must be joined in the specified register proceedings and section 91 appeals if not already the applicant.
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Need advice on Section 136?
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) In every proceeding under chapter VII or under section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that Chapter or section, shall be made a party to the proceeding.
(2) Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding.
Rule and business relevance
The rule concerns Chapter VII and section 91. A user joined under it is protected from costs unless the user appears and takes part in the proceeding.
Limits and related provisions
Do not extend the provision automatically to every licensee or every kind of litigation. Check registered-user status, actual permitted use and the proceeding category.
Hypothetical business example
Hypothetical example: A rectification applicant identifies an active registered user and joins it. The user considers whether participation would engage the stated costs qualification.
Practical decision flow
Check the relevant chapter or appeal provision.
Identify registered users actually using by permitted use.
Join the required parties and assess participation and costs separately.
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
- Check the relevant chapter or appeal provision.
- Identify registered users actually using by permitted use.
- Join the required parties and assess participation and costs separately.
Avoid
- Do not extend the provision automatically to every licensee or every kind of litigation. Check registered-user status, actual permitted use and the proceeding category.
Glossary
- Necessary joinder
- Making the specified registered user a party.
- Participation qualification
- The appearance and participation condition relevant to costs.
Frequently asked questions
Does the provision cover every private licensee?
It identifies registered users using by permitted use.
Must a user already applying be joined again?
The rule concerns one who is not himself the applicant.
Are costs automatic merely from being joined?
No. Subsection (2) protects the user unless appearance and participation occur.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026