Appeals to High Court
Section 91 of the Trade Marks Act, 1999 deals with appeals to High Court. 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. The Act came into force on 15 Sep 2003.
(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 1[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 1[High Court] that he had sufficient cause for not preferring the appeal within the specified period.
(3) An appeal to the 1[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.
Section 91, 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.
Referred to by 1
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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Sidharth Jindal v. Registrar of Trade Marks
Court's Decision & Legal Precedent
Labelled Final Order 07.08.2025 (order-4.pdf; DATE-VERIFIED): On a s.91 CMA against refusal of “BANGTAN BOYS BTS” (proposed-to-be-used), Madras HC set aside the Registrar’s order. Court held cited rival marks were for dissimilar goods/services and not deceptively similar when compared as a whole; s.9/11 objections were unsustainable; and refusing registration merely because the application was on a “proposed-to-be-used” basis is ex facie contrary to s.18. Directed the application to proceed to advertisement (without binding future opponents).
On this section: Shows s.91 as the labelled High Court appellate route to correct Registrar refusals on examination objections.
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.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 91
What have the courts held on Section 91 of the Trade Marks Act?
Sidharth Jindal v. Registrar of Trade Marks (07 Aug 2025) is the leading judgment on this section among those set out below: Shows s.91 as the labelled High Court appellate route to correct Registrar refusals on examination objections.
How do I find court cases under Section 91 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 91, section 91 Trade Marks Act, section 91 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 Sidharth Jindal v. Registrar of Trade Marks (07 Aug 2025).
What should I read with Section 91 of the Trade Marks Act, and has it changed?
1 other provision in this corpus refers back to it. 2 instruments name it without being made under it, most recently The Intellectual Property Appellate Board (Procedure) Rules, 2003 (2003), then The Trade Marks (Applications and appeals to the Intellectual Property Appellate Board) Rules, 2003 (2003).
When did Section 91 of the Trade Marks Act come into force?
Section 91 of the Trade Marks Act, cited as Trade Marks Act 91, 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 14 Oct 2026. This page is not a substitute for legal advice.