Chapter XI - Appeals
Section 98
Section 98: Registrar participation in court proceedings
The Registrar has specified rights to participate in High Court matters involving register changes, Registry practice and certain registration appeals.
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Need advice on Section 98?
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) The Registrar shall have the right to appear and be heard—
(a) in any legal proceedings before the High Court in which the relief sought includes alteration or rectification of the register or in which any question relating to the practice of the Trade Marks Registry is raised;
(b) in any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark—
(i) which is not opposed, and the application is either refused by the Registrar or is accepted by him subject to any amendments, modifications, conditions or limitations, or
(ii) which has been opposed and the Registrar considers that his appearance is necessary in the public interest, and the Registrar shall appear in any case if so directed by the High Court.
(2) Unless the High Court otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding.
Rule and business relevance
The Registrar must appear if the High Court directs. Unless the court directs otherwise, a signed written statement may replace appearance and is evidence in the proceeding. Opposed registration appeals include the public-interest condition stated in the section.
Limits and related provisions
Do not assume the Registrar is required to personally attend every trade mark dispute, or that a written statement overrides the court’s directions. Match the proceeding to the listed categories.
Hypothetical business example
Hypothetical example: A rectification case raises a question about Registry practice. The Registrar provides a signed explanatory statement unless the High Court requires appearance.
Practical decision flow
Identify the category of proceeding and any public-interest condition.
Check whether the High Court has directed an appearance.
Review the Registrar’s statement or participation as part of the evidentiary record.
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 category of proceeding and any public-interest condition.
- Check whether the High Court has directed an appearance.
- Review the Registrar’s statement or participation as part of the evidentiary record.
Avoid
- Do not assume the Registrar is required to personally attend every trade mark dispute, or that a written statement overrides the court’s directions. Match the proceeding to the listed categories.
Glossary
- Registry practice
- The administrative practice that may justify participation under clause (a).
- Written statement
- The signed alternative to appearance allowed unless the court directs otherwise.
Frequently asked questions
Can the High Court require appearance?
Yes. The Registrar must appear when directed.
Can a signed statement be evidence?
Yes. Subsection(2) expressly provides that effect.
Does every opposed appeal automatically require appearance?
The section refers to the Registrar considering appearance necessary in the public interest, subject to a court direction.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026