Chapter II - The Register and Conditions for Registration
Section 4
Section 4: Withdrawal and transfer of Registry cases
The Registrar can withdraw or transfer a pending matter through a written order recording reasons.
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Need advice on Section 4?
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
Without prejudice to the generality of the provisions of sub-section (2) of section 3, the Registrar may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under the said sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer so appointed who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.
Rule and business relevance
The matter may be handled by the Registrar or transferred to another appointed officer, starting afresh or from the stage reached, subject to special directions in the transfer order.
Limits and related provisions
A transfer does not necessarily restart the case. Read the written order, recorded reasons and directions before deciding the next procedural step.
Hypothetical business example
Hypothetical example: A pending application is transferred to another officer with directions to continue from the hearing stage. The applicant follows that order rather than refiling automatically.
Practical decision flow
Obtain the written withdrawal or transfer order.
Read its reasons and any special directions.
Confirm the stage from which proceedings will continue.
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
- Obtain the written withdrawal or transfer order.
- Read its reasons and any special directions.
- Confirm the stage from which proceedings will continue.
Avoid
- A transfer does not necessarily restart the case. Read the written order, recorded reasons and directions before deciding the next procedural step.
Glossary
- De novo
- Starting the matter afresh.
- Recorded reasons
- Reasons stated in the written order for the exercise of the power.
Frequently asked questions
Must every transferred case start again?
No. The statute permits a fresh start or continuation from the existing stage.
Is a written order required?
Yes, with reasons recorded.
Can the Registrar take over a matter personally?
Yes. That is one of the stated options.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026