Procedure and powers of Appellate Board
Section 92 of the Trade Marks Act, 1999 deals with procedure and powers of Appellate Board. Omitted by The Tribunal Reforms Act, 2021 (33 of 2021), s. The Act came into force on 15 Sep 2003.
Omitted by The Tribunal Reforms Act, 2021 (33 of 2021), s. 21 (w.e.f. 4-4-2021).
Section 92, The Trade Marks Act, 1999 (Act 47 of 1999).
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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Sudhir Bhatia v. The Central Government of India
Court's Decision & Legal Precedent
Under Trade Marks Act s.92, IPAB is guided by natural justice and may exercise CPC powers including receiving evidence — Order 41 Rule 27 principles apply to additional-evidence applications; where documents were obtainable only after RTI Act 2005 and were not with the appellant when the Registrar order was passed, IPAB must allow production of such public documents — IPAB refusals set aside in part and specified RTI-secured exhibits directed to be taken on record.
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.
Made under this section, and citing it
1 instrument states that it was made under this provision — the power to make it comes from here, so a change to any of them changes what this section requires in practice. Newest first.
Questions about Section 92
What have the courts held on Section 92 of the Trade Marks Act?
Sudhir Bhatia v. The Central Government of India (26 Oct 2010) is the leading judgment on this section among those set out below: True.
How do I find court cases under Section 92 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 92, section 92 Trade Marks Act, section 92 of the Trade Marks Act. People searching for it also type trade marks act section 92. 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 Sudhir Bhatia v. The Central Government of India (26 Oct 2010).
What should I read with Section 92 of the Trade Marks Act, and has it changed?
The rules and notifications made under it are where it actually bites, and there is one: most recently The Intellectual Property Appellate Board (Procedure) Rules, 2003 (2003).
When did Section 92 of the Trade Marks Act come into force?
Section 92 of the Trade Marks Act, cited as Trade Marks Act 92, 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 15 Oct 2026. This page is not a substitute for legal advice.