Chapter XIII - Miscellaneous
Section 138
Section 138: Limits on compelling Registry officials
Where an official is not a party and certified copies can prove the records, the section limits compelled production or witness attendance.
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Need advice on Section 138?
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
The Registrar or any officer of the Trade Marks Registry shall not, in any legal proceedings to which he is not a party, be compellable to produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under this Act or to appear as a witness to prove the matters therein recorded unless by order of the court made for special cause.
Rule and business relevance
The restriction has an express exception: a court may order production or appearance for special cause. It concerns the Registrar or other Registry officers and records in their custody.
Limits and related provisions
Do not treat the protection as absolute or use it to bypass the ordinary certified-copy route. Identify whether the official is a party and whether a certified copy can prove the content.
Hypothetical business example
Hypothetical example: A party seeks original Registry records from an official who is not a party. The court considers the certified-copy route and whether special cause supports an order.
Practical decision flow
Check the official’s party status and the record needed.
Assess whether a certified copy proves its contents.
If necessary, identify special cause for a court order.
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 official’s party status and the record needed.
- Assess whether a certified copy proves its contents.
- If necessary, identify special cause for a court order.
Avoid
- Do not treat the protection as absolute or use it to bypass the ordinary certified-copy route. Identify whether the official is a party and whether a certified copy can prove the content.
Glossary
- Certified-copy alternative
- The means of proving the contents underlying this restriction.
- Special cause
- The basis for the court’s express exception.
Frequently asked questions
Is compulsion absolutely prohibited?
No. A court order for special cause is expressly allowed.
Does the official’s party status matter?
Yes. The stated protection concerns proceedings in which the official is not a party.
What should ordinarily be considered first?
Whether a qualifying certified copy proves the record.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026