Sections 129 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 129 sets the mode of proof in proceedings before the Registrar: evidence is given by affidavit, though the Registrar may take oral evidence in addition or instead. Section 130 deals with what happens if a party to a pending proceeding dies: the Registrar may substitute the successor in interest, or let the proceeding continue without substitution. If you have evidence to file at the Registry, our trademark hearing representation service can organise it.
In any proceeding under the Act before the Registrar, evidence is given by affidavit; the Registrar may, if he thinks fit, take oral evidence in lieu of or in addition. If a party to a proceeding dies while it is pending, the Registrar may, on request and on proof of transmission of interest, substitute the successor in interest, or, if the surviving parties sufficiently represent the interest, let it continue without substitution. Section 130 does not apply to proceedings before a court.
Section 129: evidence before the Registrar
The text: "In any proceeding under this Act before the Registrar, evidence shall be given by affidavit: Provided that the Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, such evidence by affidavit."
| Element | Text |
|---|---|
| Where | Any proceeding under this Act before the Registrar |
| General rule | Evidence shall be given by affidavit |
| Proviso | The Registrar may, if he thinks fit, take oral evidence in lieu of, or in addition to, the affidavit |
What this means in practice
- Affidavit is the norm. A party that wants to prove use of a mark, reputation or any other fact before the Registrar does so on affidavit. See our guide to the evidence of use of a trademark for how such material is compiled.
- Oral evidence is the Registrar's choice. The proviso is framed as "if he thinks fit". The section does not give a party a right to demand oral evidence, and it does not say when the Registrar should call for it.
- Either instead or as well. The words "in lieu of, or in addition to" allow both.
- Form of affidavit. The section does not prescribe the form, number of copies, filing stage or time limit. These are matters for the Trade Marks Rules, 2017, and we do not state any.
The Registrar's power to compel witnesses, administer oaths and issue commissions for examination comes from section 127(a).
Example. In an opposition, Nair Brewing files an affidavit to show that its mark "KERALA STOUT" has been used for several years, with invoices attached. The Registrar finds one point unclear and, under the proviso, calls the deponent to give oral evidence in addition to the affidavit. Had the Registrar considered the affidavit enough, no oral evidence would be taken.
Section 130: death of party to a proceeding
The printed text refers to proceedings "not being a proceeding before the Appellate Board or a court". The Tribunals Reforms Act, 2021, in clause (u) of its entry for the Trade Marks Act, provides that "in section 130, the words 'the Appellate Board or' shall be omitted." Before the Tribunals Reforms Act, 2021 this read "(not being a proceeding before the Appellate Board or a court)". The current wording is:
"If a person who is a party to a proceeding under this Act (not being a proceeding before a court) dies pending the proceeding, the Registrar may, on request, and on proof to his satisfaction of the transmission of the interest of the deceased person, substitute in the proceeding his successor in interest in his place, or, if the Registrar is of opinion that the interest of the deceased person is sufficiently represented by the surviving parties, permit the proceeding to continue without the substitution of his successor in interest."
| Element | Text |
|---|---|
| Covered | A party to a proceeding under the Act, not a proceeding before a court, who dies while it is pending |
| Who acts | The Registrar |
| Trigger | On request, with proof to his satisfaction of the transmission of the interest of the deceased |
| Option 1 | Substitute the successor in interest in the deceased's place |
| Option 2 | If the surviving parties sufficiently represent the deceased's interest, permit the proceeding to continue without substitution |
Reading the section
- A request is needed. The words are "on request". The section does not say who may make it, though it is natural for the successor or a surviving party to do so; the text is silent on that.
- Proof of transmission. The Registrar must be satisfied that the interest has passed to the person who wants to be substituted. The section does not list the documents. Whatever the Rules or practice require, the successor should be ready with proof of how the interest devolved.
- Two outcomes. Substitution of the successor, or continuation without substitution because the interest is sufficiently represented by surviving parties. The choice is the Registrar's opinion.
- Proceedings before a court are outside it. Section 130 on its terms does not apply to a proceeding before a court.
- No time limit. The section does not set a time for the request or say what happens if none is made.
Example. Gill, the sole applicant in a pending opposition-stage trade mark application, dies. His son inherits the business and the application. The son asks the Registrar to substitute him, and proves that the interest has passed to him by succession. The Registrar may substitute him as successor in interest. If the opposition had two joint opponents and one died, the Registrar could consider whether the surviving opponent sufficiently represents the deceased's interest and let the case continue without substitution.
For recording a change of ownership on the register itself, see the assignment and transmission provisions in section 45. Section 130 is about pending proceedings; the text does not link it to section 45.
The two sections together
| Question | Section |
|---|---|
| How is a fact proved before the Registrar? | 129: by affidavit; oral evidence at his discretion |
| What if a party dies while the case is pending? | 130: substitution or continuation, on request and proof |
Practical points
- Prepare affidavits with supporting documents; the Registrar may still call for oral evidence.
- If a party dies, ask promptly and with proof of succession; the section does not fix a time limit, but the proceeding will be waiting.
- Surviving parties should consider whether they sufficiently represent the interest; the Registrar forms an opinion.
- If a court proceeding is involved, section 130 is not the provision to rely on.
Need help with evidence or a pending proceeding?
Whether you are preparing affidavits for a Registry proceeding or dealing with the death of a party, the right papers and the right request make the difference. Our trademark hearing representation team can prepare the evidence and appear for you.
Key takeaways
- Section 129: evidence before the Registrar is given by affidavit; oral evidence in lieu of or in addition is at his discretion.
- Section 130: on a party's death, the Registrar may, on request and on proof of transmission, substitute the successor in interest or let the proceeding continue without substitution.
- Section 130 excludes proceedings before a court; the reference to the Appellate Board was omitted by the Tribunals Reforms Act, 2021.
- The Act sets no form, time limit or fee in either section.
Read next
- Sections 131–132: extension of time and abandonment
- Sections 127–128: powers of the Registrar and discretionary power
- Evidence of use of a trademark: compilation guide
- Section 45: registration of assignments and transmissions
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.