Chapter XI - Appeals
Section 94
Section 94: Appearance restriction for former members
Former Chairpersons, Vice-Chairpersons and other Members covered by this provision cannot appear before the Registrar after leaving office.
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Need advice on Section 94?
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
On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar.
Rule and business relevance
The retained provision imposes a specific post-office appearance restriction. A business choosing representation should identify the proposed representative’s prior office where this restriction may apply.
Limits and related provisions
This retained text does not recreate an operating Appellate Board or provide a general ban on all professionals who once held any public office. Read the named roles and the stated forum.
Hypothetical business example
Hypothetical example: A proposed representative previously held a covered tribunal office. The client checks the statutory appearance restriction before authorising representation before the Registrar.
Practical decision flow
Identify whether the representative held a named office.
Confirm that the proposed appearance is before the Registrar.
Choose representation that complies with the restriction and applicable professional rules.
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 whether the representative held a named office.
- Confirm that the proposed appearance is before the Registrar.
- Choose representation that complies with the restriction and applicable professional rules.
Avoid
- This retained text does not recreate an operating Appellate Board or provide a general ban on all professionals who once held any public office. Read the named roles and the stated forum.
Glossary
- Erstwhile member
- A former office-holder in one of the roles named by the section.
- Appearance restriction
- The statutory prohibition on appearing before the Registrar.
Frequently asked questions
Does the restriction continue after leaving office?
Yes. The section operates on ceasing to hold office.
Does this section establish a current tribunal?
No. It retains a restriction concerning former office-holders.
Which forum is expressly named?
The Registrar.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026