Sections 131 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 131 lets the Registrar extend the time for doing an act under the Act, where he is satisfied that there is sufficient cause, but not a time that the Act expressly provides. Section 132 lets him call on an applicant who is in default to put it right within a stated time, and treat the application as abandoned if it is not. Together they decide what a missed deadline costs. If you have missed one, our trademark hearing representation service can act at the Registry.
The Registrar may extend the time for doing any act if satisfied, on an application in the prescribed manner with the prescribed fee, that there is sufficient cause, whether the time has expired or not, but not a time expressly provided in the Act. No hearing is required and no appeal lies from his order. Where an applicant is in default in prosecuting an application, the Registrar may require it to be remedied within a time specified, and treat the application as abandoned if it is not.
Section 131: extension of time
Sub-section (1)
The text: "If the Registrar is satisfied, on application made to him in the prescribed manner and accompanied by the prescribed fee, that there is sufficient cause for extending the time for doing any act (not being a time expressly provided in this Act), whether the time so specified has expired or not, he may, subject to such conditions as he may think fit to impose, extend the time and inform the parties accordingly."
| Element | Text |
|---|---|
| Applicant | A person who needs more time to do an act |
| How | Application in the prescribed manner, with the prescribed fee |
| Test | The Registrar is satisfied there is sufficient cause |
| Which times | "Any act", not being a time expressly provided in this Act |
| When | Whether the time has expired or not |
| Power | He may, subject to conditions he thinks fit, extend the time |
| After | He informs the parties |
The central limit is the bracket: "not being a time expressly provided in this Act". The Act fixes some periods in its own words, for example the periods around renewal discussed in section 25. Those are times "expressly provided in this Act", and section 131 does not extend them on its terms. Whether a particular period falls inside or outside the bracket has to be checked against the section or rule that sets it; this section does not list them, and we do not state any.
The section does not define "sufficient cause", and no fee amount appears in it. The fee and manner are for the Trade Marks Rules, 2017.
Sub-section (2)
"Nothing in sub-section (1) shall be deemed to require the Registrar to hear the parties before disposing of an application for extension of time, and no appeal shall lie from any order of the Registrar under this section."
- No hearing is required. Contrast section 128, which gives a right to be heard before an adverse discretionary order, "subject to the provisions of Section 131".
- No appeal. The order, whether granting or refusing, is not appealable under this section.
Example. Iyer Sports misses a time for doing an act that is not expressly provided in the Act itself. The deadline is missed. Iyer applies in the prescribed manner with the prescribed fee, giving the reason, which includes a courier delay. If the Registrar is satisfied there is sufficient cause, he may extend the time subject to conditions, even though the time has expired, and inform the parties. If he refuses, no appeal lies under the section.
Section 132: abandonment
The text: "Where, in the opinion of the Registrar, an applicant is in default in the prosecution of an application filed under this Act or any Act relating to trade marks in force prior to the commencement of this Act, the Registrar may, by notice require the applicant to remedy the default within a time specified and after giving him, if so, desired, an opportunity of being heard, treat the application as abandoned, unless the default is remedied within the time specified in the notice."
| Step | What happens |
|---|---|
| 1 | In the Registrar's opinion, an applicant is in default in the prosecution of an application under this Act or under an earlier trade marks Act |
| 2 | The Registrar may, by notice, require the applicant to remedy the default within a time specified |
| 3 | If the applicant wishes, he is given an opportunity of being heard |
| 4 | Unless the default is remedied within the time specified, the Registrar may treat the application as abandoned |
Points to note
- Default is defined by the Registrar's opinion. The section does not list what counts as default in prosecuting an application.
- Notice first. The Registrar acts "by notice", giving a time to cure. The time is "specified" in the notice, not fixed by the section.
- Hearing on request. The words "if so, desired" mean the applicant asks for it. Section 128 also gives a hearing right if requested within the prescribed time.
- Applications under the earlier Act are covered too: "any Act relating to trade marks in force prior to the commencement of this Act".
- Effect. The application is treated as abandoned. The section does not say whether a fresh application may be filed or whether the abandoned one can be revived; do not assume either.
Example. Chauhan Brewery's application is stuck because it has not replied to a Registry query. The Registrar sends a notice giving a stated time to remedy. Chauhan asks to be heard, explains the delay and files the reply within the time. The default is remedied, so the application is not treated as abandoned. If it had done nothing within the specified time, the Registrar could treat the application as abandoned.
How the two sections interact
| Situation | Section |
|---|---|
| You missed a time that is not set by a section of the Act | Apply for extension under 131 |
| The time you missed is set expressly by the Act | Section 131 does not extend it on its terms |
| The Registrar sends a default notice | Remedy within the time in the notice (132); ask to be heard if you wish |
| Your application is treated as abandoned | The text does not give a revival route; take advice |
For how a lapse in a renewal period is handled, see renewal and restoration.
Practical points
- Treat every Registry notice deadline seriously; an extension is discretionary and not appealable.
- Apply for extension in the prescribed manner, with the prescribed fee, before or after the time expires; the section covers both.
- Give the sufficient cause in specific terms, supported by documents.
- If a default notice arrives, remedy within the time and ask to be heard if you want to.
Need help after a missed date or a default notice?
An extension needs a proper application and a clear reason, and a default notice has its own deadline. Our trademark hearing representation team can file the application, reply to the notice and appear if you ask to be heard.
Key takeaways
- Section 131: the Registrar may extend time for sufficient cause, before or after expiry, except a time expressly provided in the Act.
- The application is in the prescribed manner with the prescribed fee; no hearing is required and no appeal lies.
- Section 132: after a default notice and, if desired, a hearing, the Registrar may treat an application as abandoned unless the default is remedied in time.
- Both sections leave details, such as forms and fees, to the Rules.
Read next
- Section 133: preliminary advice by the Registrar on distinctiveness
- Sections 129–130: evidence before the Registrar and death of a party
- Trademark show cause hearing: how to prepare and attend
- Trademark renewal: process, fees and late restoration
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.