eCourtsIndia
IndiaCode Laws
Section128
The Trade Marks Act, 1999

Exercise of discretionary power by Registrar

In force From 15 Sep 2003 Act 47 of 1999 As on 17 Oct 2026

Act 47 of 1999 Ministry Commerce and Industry Enacted 30 Dec 1999 In force 15 Sep 2003 Cited by 1 provision

Section 128 of the Trade Marks Act, 1999 deals with exercise of discretionary power by Registrar. Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested to him by this Act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving t The Act came into force on 15 Sep 2003.

Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested to him by this Act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard.

Section 128, The Trade Marks Act, 1999 (Act 47 of 1999).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

This section refers to

  1. s. 131 Extension of time

Referred to by 1

  1. s. 157 Power to make rules

Questions about Section 128

What does Section 128 of the Trade Marks Act deal with?

Section 128 of the Trade Marks Act is headed "Exercise of discretionary power by Registrar". Subject to the provisions of section 131, the Registrar shall not exercise any discretionary or other power vested to him by this Act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving t

How do I find court cases under Section 128 of the Trade Marks Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Trade Marks Act 128, section 128 Trade Marks Act, section 128 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 128 of the Trade Marks Act, and has it changed?

Its own text turns on section 131 (Extension of time), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it.

When did Section 128 of the Trade Marks Act come into force?

Section 128 of the Trade Marks Act, cited as Trade Marks Act 128, came into force on 15 Sep 2003, having been enacted on 30 Dec 1999. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 17 Oct 2026. This page is not a substitute for legal advice.