Sections 122 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.
Chapter XIII, headed "Miscellaneous", opens with two short sections. Section 122 says no suit or other legal proceedings lie against any person for anything done, or intended to be done, in good faith in pursuance of the Act. Section 123 deems every person appointed under the Act to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860. If you are unsure how these apply to a dealing with the Registry, a legal consultation can help.
No suit or other legal proceedings lie against any person for anything done or intended to be done in good faith in pursuance of this Act. Every person appointed under this Act is deemed a public servant within the meaning of section 21 of the Indian Penal Code, 1860. The reference to Members of the Appellate Board was omitted by the Tribunals Reforms Act, 2021.
Section 122: protection of action taken in good faith
The text: "No suit or other legal proceedings shall lie against any person in respect of anything which is in good faith done or intended to be done in pursuance of this Act."
| Element | Text |
|---|---|
| Who | Any person, not only officials |
| Protected | Anything done or intended to be done |
| Condition | In good faith |
| Link to the Act | In pursuance of this Act |
| Consequence | No suit or other legal proceedings shall lie |
Reading the words
- "Any person". The section does not limit itself to the Registrar or officers. A person acting under the Act, for example a person who files an application, a notice or a request in the manner the Act provides, is within its words if the other conditions are met.
- "Done or intended to be done". Both completed acts and acts in contemplation are covered.
- "In good faith". The Act does not define good faith in this section. The section as a whole gives no test, and we do not supply one. What matters is that the action must be "in pursuance of this Act".
- "No suit or other legal proceedings". The bar is wide. It covers suits and "other legal proceedings".
Example. The Registry's officer, acting on a complaint, advertises a mark in the Trade Marks Journal under the Act as it is required to do. A third party complains that the advertisement caused it loss and sues the officer. Section 122 says no suit lies where the act was done in good faith in pursuance of the Act. A private person who, in good faith, files a statement of use or an application exactly as the Act directs stands in the same position. By contrast, something done outside the Act's scope, or without good faith, does not fall within the words.
What section 122 does not say
- It does not remove the right to challenge a decision of the Registrar through the appeal and rectification routes in the Act. See section 91 appeals to the High Court. The section speaks of suits and legal proceedings "in respect of anything done", and the text gives no wider statement.
- It does not protect acts that go beyond the Act.
- It does not cover acts that are not in good faith.
- It does not define good faith. Where a matter turns on it, take advice.
Section 123: certain persons to be public servants
The printed text: "Every person appointed under this Act and every Member of the Appellate Board shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860)."
The 2021 change
The Tribunals Reforms Act, 2021, in clause (s) of its entry for the Trade Marks Act, provides: "in section 123, the words 'and every Member of the Appellate Board' shall be omitted." Before the Tribunals Reforms Act, 2021 this read "Every person appointed under this Act and every Member of the Appellate Board". The current text is:
"Every person appointed under this Act ... shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code, 1860 (45 of 1860)."
| Element | Text |
|---|---|
| Who | Every person appointed under this Act |
| Deeming | Public servant within the meaning of section 21 of the Indian Penal Code, 1860 |
| Removed in 2021 | The words "and every Member of the Appellate Board" |
Criminal law note
Section 123 cites the Indian Penal Code, 1860, and the text is quoted as written. From 1 July 2024 the Indian Penal Code was replaced by the Bharatiya Nyaya Sanhita (BNS). We give no new section numbers, and the section does not refer to the BNS.
What follows from being a "public servant"
The section only deems the status. It does not list what follows from that status. For readers, the practical reading is limited to this: persons appointed under the Act, such as the Registrar and officers appointed under section 3, are covered by the deeming, and the text we have does not say anything about what any other law attaches to it. Officers who take part in enforcement also have the protection described in section 119.
How the two sections relate
Section 122 protects acts done in good faith under the Act. Section 123 fixes the status of persons appointed under the Act. They are separate provisions; section 122 is not limited to those persons.
Practical points
- If you file anything with the Registry, follow the procedure in the Act and Rules; section 122 speaks of acts "in pursuance of this Act".
- Do not read section 122 as blanket immunity: it needs good faith and a link to the Act.
- For the Appellate Board, note that the 2021 Act removed the reference in section 123; see sections 83–100.
- For a dispute about a Registry action, consider the appeal and rectification routes first.
Need help understanding a Registry action or a claim?
Whether you are reacting to something done under the Act or planning a step you want to take safely, the answer usually turns on the section that authorises it and on the facts. Our legal consultation service can review the position with you.
Key takeaways
- Section 122: no suit or other legal proceedings lie for anything done or intended to be done in good faith in pursuance of the Act.
- It protects any person, not only officials, but needs good faith and a link to the Act.
- Section 123: every person appointed under the Act is deemed a public servant within section 21 of the Indian Penal Code, 1860.
- The Tribunals Reforms Act, 2021 omitted "and every Member of the Appellate Board".
Read next
- Section 124: stay of suit where validity of registration is questioned
- Sections 119–121: information on offences, abetment and permissible variation
- Sections 83–100: the Appellate Board abolished and what replaced it
- Section 91: appeals to the High Court
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.