Sections 112A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 112A and 112B are new. They were inserted after section 112 by the Jan Vishwas (Amendment of Provisions) Act, 2023, and they set up who imposes a penalty under the Trade Marks Act, how an aggrieved person appeals, and what follows if the order is not complied with. Editions of the Act printed before 2023 do not contain them. The wording below is from the Jan Vishwas Act text. For a live penalty matter, legal dispute resolution advice helps with the deadlines.
The Registrar may authorise an officer referred to in section 3 to be an adjudicating officer to hold an inquiry and impose a penalty, after a reasonable opportunity of being heard. An aggrieved person may appeal to an appellate authority, an officer at least one rank above, within sixty days of receipt of the order. The appeal is to be disposed of within sixty days from filing. Failure to comply within ninety days adds fine of one lakh rupees or imprisonment up to one year, or both.
Where these sections come from
Item 30 of the Jan Vishwas Act, 2023, which deals with the Trade Marks Act, 1999, says in clause (D): "After section 112, the following section shall be inserted", and then sets out sections 112A and 112B. The same item substitutes the penalty in section 107(2) and omits sections 106, 108 and 109. The entry in the Jan Vishwas Act does not itself print a commencement date; section 1(2) of that Act leaves it to a Central Government notification, which may fix different dates for different enactments, so check the notification for when these changes took effect.
Section 112A: adjudicating officer
Section 112A, headed "Adjudication of penalties", reads: "The Registrar may, by an order, authorise an officer referred to in section 3, to be adjudicating officer for holding an inquiry and imposing penalty under the provisions of this Act, in the manner as may be prescribed, after giving a reasonable opportunity of being heard."
| Element | What the text says |
|---|---|
| Who appoints | The Registrar, by an order |
| Who can be appointed | An officer referred to in section 3 |
| Role | Adjudicating officer, to hold an inquiry and impose penalty |
| Scope | "Under the provisions of this Act" |
| Manner | "As may be prescribed" |
| Safeguard | A reasonable opportunity of being heard |
Two points follow from the words. First, the power is "may": the section does not oblige the Registrar to authorise any particular officer. Second, the manner of holding the inquiry and imposing the penalty is left to rules. The Jan Vishwas Act adds a rule-making head to section 157(2), clause (xxxiiia): "the manner of holding inquiry and imposing penalty under section 112A". The rules themselves are not in the text we read, so we do not describe them.
The penalty provision that now sits in the Act is section 107(2). Section 112A speaks of penalties generally "under the provisions of this Act", and does not itself list them.
Section 112B: appeal
Who may appeal and when
Section 112B(1): "Whoever aggrieved by an order of the adjudicating officer under section 112A may prefer an appeal to the appellate authority, who shall be an officer at least one rank above the adjudicating officer, within a period of sixty days from the date of receipt of the order, as the Central Government may by notification authorise in this behalf."
So the appellate authority is an officer authorised by Central Government notification, of rank at least one above the adjudicating officer. The time is sixty days from the date of receipt of the order, not from its date.
The rest of the section
| Sub-section | Rule |
|---|---|
| (2) | Every appeal is to be preferred in such form and manner as may be prescribed. Section 157(2)(xxxiiib), inserted by the same Act, covers "the form and manner of preferring appeal under sub-section (2) of section 112B" |
| (3) | An appeal may be admitted after sixty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring it within that period |
| (4) | No appeal is disposed of unless the appellant has been given a reasonable opportunity of being heard |
| (5) | The appellate authority shall dispose of the appeal within sixty days from the date of filing |
| (6) | Failure to comply with the adjudicating officer's order or the appellate authority's order within ninety days of such order: in addition to the penalty, fine of one lakh rupees or imprisonment up to one year, or both |
Sub-section (6) opens with "Notwithstanding anything contained in this Act". It adds a separate consequence for non-compliance. It does not say who prosecutes or in which court the fine or imprisonment is imposed, and we do not supply those details.
Example. An adjudicating officer imposes a penalty on Arora Traders on 3 March; the order reaches Arora on 10 March. Arora's sixty days run from 10 March, the date of receipt. If Arora files late and shows sufficient cause under sub-section (3), the appellate authority may still admit the appeal. If Arora neither appeals nor complies, and ninety days from the order pass, sub-section (6) applies in addition to the penalty. The sub-section counts the ninety days from "such order", so the safe course is to take advice on the dates early.
What the sections do not say
- No fee for an appeal is stated; the text refers to rules.
- The appellate authority is not named; it is whoever the Central Government authorises by notification.
- The text does not say whether the appellate authority's order can be challenged further.
- It does not say that every penalty under the Act goes to adjudication; it speaks of the Registrar authorising an officer.
Practical points
- Diary the sixty-day appeal date from receipt, and the ninety-day compliance date from the order.
- Ask for the prescribed form and manner before filing; the Act leaves both to rules.
- If you are late, record the reasons for "sufficient cause" at once.
- Insist on being heard at both stages; both sections make it a condition.
Need help with a penalty order or appeal?
A penalty order, an appeal window and a ninety-day compliance clock can overlap, and the rules that fill in the form and manner sit outside the Act. Our legal dispute resolution team can read the order with you and plan the response before the periods run out.
Key takeaways
- Sections 112A and 112B were inserted after section 112 by the Jan Vishwas Act, 2023.
- The Registrar may authorise an officer referred to in section 3 as adjudicating officer; a hearing is required.
- Appeal lies within sixty days of receipt, to an officer at least one rank above, authorised by notification.
- Late appeals may be admitted for sufficient cause; the appeal is to be disposed of within sixty days of filing.
- Non-compliance within ninety days of the order adds fine of one lakh rupees or imprisonment up to one year, or both.
Read next
- Sections 106–109: omitted offences and falsely representing a mark as registered
- Section 113: procedure where the accused pleads invalidity of registration
- Section 114: offences by companies
- Criminal offences under the Trade Marks Act: sections 103–105
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.