Chapter XIII - Miscellaneous
Section 137
Section 137: Certified Registry evidence
Certified and sealed copies of the specified Registry records are admissible without producing the original, and Registrar certificates have a stated prima facie effect.
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Need advice on Section 137?
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) A copy of any entry in the register or of any document referred to in sub-section (1) of section 148 purporting to be certified by the Registrar and sealed with the seal of the Trade Marks Registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original.
(2) A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done.
Rule and business relevance
Subsection (1) concerns the certified copy and Registry seal. Subsection (2) concerns a certificate under the Registrar’s hand about authorised entries or acts being done or not done.
Limits and related provisions
A screenshot is not automatically the certified and sealed copy described here. Prima facie evidence does not make every underlying right conclusively valid.
Hypothetical business example
Hypothetical example: A litigant obtains a certified register extract and uses it to prove the entry without requiring the original Registry book in court.
Practical decision flow
Identify the entry or act requiring proof.
Obtain the appropriate certified copy or certificate.
Distinguish admissibility and prima facie effect from final merits.
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 entry or act requiring proof.
- Obtain the appropriate certified copy or certificate.
- Distinguish admissibility and prima facie effect from final merits.
Avoid
- A screenshot is not automatically the certified and sealed copy described here. Prima facie evidence does not make every underlying right conclusively valid.
Glossary
- Certified copy
- The authenticated and sealed record described in subsection (1).
- Prima facie certificate
- The initial evidentiary effect assigned by subsection (2).
Frequently asked questions
Must the original register always be produced?
No. The qualifying certified copy is admissible without it.
Is every website printout identical to a certified copy?
The section specifies certification and the Registry seal.
Does prima facie mean conclusive?
No. The text gives an initial evidentiary effect.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026