Sections 127 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.
Section 127 gives the Registrar, in proceedings before him under the Act, the powers of a civil court on evidence, witnesses and documents, the power to award costs, and the power to review his own decision. Section 128 adds a protection for applicants: the Registrar may not use a discretionary power against a person applying for it without giving a hearing, if the person asks for one in time. If you have a hearing before the Registry, our trademark hearing representation service can appear for you.
In all proceedings before the Registrar, he has civil-court powers for evidence, oaths, attendance of witnesses, discovery and commissions; may make reasonable costs orders executable as a decree; and may, on application in the prescribed manner, review his own decision. Under section 128, subject to section 131, he may not exercise a discretionary or other power adversely to a person applying for it without an opportunity of being heard if that person so requires within the prescribed time.
Section 127: powers of the Registrar
The section opens: "In all proceedings under this Act before the Registrar". It then gives three heads of power.
| Clause | Power | Detail |
|---|---|---|
| (a) | Civil-court powers | For the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents and issuing commissions for the examination of witnesses |
| (b) | Costs | May, subject to any rules made in this behalf under section 157, make such orders as to costs as he considers reasonable; any such order is executable as a decree of a civil court |
| (c) | Review | May, on an application made in the prescribed manner, review his own decision |
The costs proviso
"Provided that the Registrar shall have no power to award costs to or against any party on an appeal to him against a refusal of the proprietor of a certification trade mark to certify goods or provision of services or to authorise the use of the mark."
So in an appeal to the Registrar against a certification-mark proprietor's refusal to certify or authorise use, there is no power to award costs either way. This links to the certification-mark provisions in sections 69–70.
Reading clause (a)
The words "all the powers of a civil court" are limited by their purposes: receiving evidence, oaths, witnesses, discovery and production, and commissions. The section does not hand the Registrar every power of a civil court; it names the purposes. In practice this is what lets the Registry take evidence and summon witnesses in an opposition or rectification.
Reading clause (b)
- The test is what he "considers reasonable".
- It is subject to rules under section 157. The Trade Marks Rules, 2017 are the place to look for any scale; we state none. See section 157 on rule-making.
- An order is "executable as a decree of a civil court".
Reading clause (c)
The power of review is given "on an application made in the prescribed manner". The Act does not itself state the grounds for review, the time limit or a fee. Those are matters for the Rules. Where a decision turns on a factual mistake, the first question is whether the review route in the Rules is open; take advice.
Example. In an opposition, Reddy Agro asks the Registrar to compel a rival to produce its sales invoices. Under clause (a) the Registrar may compel discovery and production of documents. Later, the Registrar awards costs against the rival that he considers reasonable; under clause (b) the order is executable as a decree. If Reddy believes the final order contains an error, clause (c) allows an application in the prescribed manner for review.
Section 128: exercise of discretionary power
"Subject to the provisions of Section 131, the Registrar shall not exercise any discretionary or other power vested in him by this Act or the rules made thereunder adversely to a person applying for the exercise of that power without (if so required by that person within the prescribed time) giving to the person an opportunity of being heard."
| Element | Text |
|---|---|
| Who is protected | A person applying for the exercise of the power |
| What is restrained | Exercising a discretionary or other power under the Act or Rules adversely to that person |
| Safeguard | An opportunity of being heard |
| Condition | The person must require it within the prescribed time |
| Exception | "Subject to the provisions of Section 131" |
How it works
- A person applies for the Registrar to exercise a power, for example to accept an application or grant a request.
- If the Registrar is minded to refuse, he may not do so adversely without a hearing, if the applicant asked for one within the time prescribed.
- If the applicant did not ask in time, the section does not require a hearing.
Section 131, referred to as the exception, deals with extension of time and says the Registrar need not hear the parties before disposing of an extension application; see section 131. So where section 131 applies, section 128's hearing right does not.
The section does not say what the prescribed time is, in what manner the hearing is requested, or where the hearing is held. These are for the Rules. Our guide on preparing for a hearing covers practical steps without describing any rule not in the Act.
Sections 127 and 128 together
| Question | Section |
|---|---|
| Can the Registrar summon witnesses and order documents? | 127(a) |
| Can the Registrar award costs? | 127(b) |
| Can a decision be reviewed? | 127(c) |
| Must I be heard before an adverse discretionary order? | 128, if I ask in time |
| Does that apply to extensions of time? | No, subject to section 131 |
Practical points
- Check the prescribed time for asking to be heard; the right in section 128 depends on asking in time.
- Keep evidence ready: the Registrar may take it on oath and compel documents.
- For a review, use the prescribed manner; section 127(c) does not state grounds.
- Costs orders are executable like a civil decree, so do not treat them as formal only.
Need help in a hearing before the Registrar?
When the Registrar can take evidence, award costs and decide adversely on a discretionary point, a prepared appearance matters. Our trademark hearing representation team can attend, present your case and ask for the hearing you are entitled to.
Key takeaways
- Section 127(a): civil-court powers for evidence, oaths, witnesses, discovery and production, and commissions.
- Section 127(b): reasonable costs, executable as a civil decree, subject to rules under section 157; no costs on certification-mark refusal appeals.
- Section 127(c): review of his own decision, on application in the prescribed manner.
- Section 128: no adverse discretionary order without a hearing if you ask within the prescribed time, subject to section 131.
Read next
- Sections 129–130: evidence before the Registrar and death of a party
- Sections 131–132: extension of time and abandonment
- Trademark show cause hearing: how to prepare and attend
- Trademark hearing preparation: documents and arguments
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.