Chapter XI - Appeals
Section 91
Section 91: Appeals to the High Court
A person aggrieved by a Registrar order or decision may appeal to the High Court within three months of its communication.
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Need advice on Section 91?
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) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the High Court within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):
Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the High Court that he had sufficient cause for not preferring the appeal within the specified period.
(3) An appeal to the High Court shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.
Rule and business relevance
The communication date starts the statutory period. A late appeal may be admitted on sufficient cause; the prescribed form, verification, copy of the challenged decision and fees remain relevant.
Limits and related provisions
Do not calculate the period automatically from the date printed on the order or assume delay is automatically excused. This provision identifies the High Court, not the former Appellate Board.
Hypothetical business example
Hypothetical example: An applicant receives a refusal order after its issue date. It preserves proof of communication and assesses the High Court appeal deadline from that event.
Practical decision flow
Identify the appealable Registrar decision and the aggrieved person.
Record when the decision was communicated and calculate the period.
Prepare the required appeal papers, fees and any supported delay explanation.
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 appealable Registrar decision and the aggrieved person.
- Record when the decision was communicated and calculate the period.
- Prepare the required appeal papers, fees and any supported delay explanation.
Avoid
- Do not calculate the period automatically from the date printed on the order or assume delay is automatically excused. This provision identifies the High Court, not the former Appellate Board.
Glossary
- Communication date
- The event from which the section measures three months.
- Sufficient cause
- The explanation the High Court must be satisfied with before admitting a late appeal.
Frequently asked questions
Is the appeal to the former IPAB?
The current section specifies the High Court.
Can a late appeal ever be admitted?
Yes, if the High Court is satisfied with sufficient cause for the delay.
Does the statute require the challenged order?
A copy must accompany the appeal with the other prescribed requirements.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026