Extension of time
Section 131 of the Trade Marks Act, 1999 deals with extension of time. If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he ma The Act came into force on 15 Sep 2003.
(1) If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly.
(2) Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section.
Section 131, 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.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Wyeth Holdings Corpn. v. Controller General of Patents, Designs & Trade Marks
Court's Decision & Legal Precedent
Trade Marks Act s.131 extension-of-time power cannot be nullified by reading Rule 50(2) as mandatory — subordinate legislation cannot travel beyond the principal Act; by harmonious construction Rule 50(2) is directory so Registrar retains discretion under s.131 to extend time for filing opposition evidence on merits of the grounds; Assistant Registrar's unreasoned refusal ignoring binding IPAB view set aside and matter remitted (complementary to later Mad HC Victor Guedes mandatory reading).
On this section: True
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 131
What have the courts held on Section 131 of the Trade Marks Act?
Wyeth Holdings Corpn. v. Controller General of Patents, Designs & Trade Marks (08 Aug 2006) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 131 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 131, section 131 Trade Marks Act, section 131 of the Trade Marks Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Wyeth Holdings Corpn. v. Controller General of Patents, Designs & Trade Marks (08 Aug 2006).
What should I read with Section 131 of the Trade Marks Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 131 of the Trade Marks Act come into force?
Section 131 of the Trade Marks Act, cited as Trade Marks Act 131, 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
- 2. Definitions and interpretation1911 words
- 157. Power to make rules1216 words
- 11. Relative grounds for refusal of registration985 words
- 47. Removal from register and imposition of limitations on ground of non-use716 words
- 30. Limits on effect of registered trade mark657 words
- 29. Infringement of registered trade marks651 words
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.