Sections 136 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 136 to 138 are short evidence-and-procedure provisions. Section 136 says a registered user must be made a party in certain proceedings. Section 137 makes a certified copy of a register entry admissible in evidence without further proof, and a Registrar's certificate prima facie evidence. Section 138 protects the Registrar and Registry officers from being summoned to produce the register or appear as witnesses, except by court order for special cause. When a register entry is at the centre of a dispute, our legal dispute resolution team can help with the paperwork.
Section 136: in every proceeding under Chapter VII or section 91, each registered user using by way of permitted use, who is not himself an applicant, must be made a party, and is not liable for costs unless he enters appearance and takes part. Section 137: a certified, sealed copy of a register entry is admitted without further proof; a Registrar's certificate is prima facie evidence. Section 138: the Registrar and Registry officers cannot be compelled to produce the register or appear, unless the court orders for special cause.
Section 136: registered user to be impleaded
Sub-section (1)
"In every proceeding under Chapter VII or under Section 91, every registered user of a trade mark using by way of permitted use, who is not himself an applicant in respect of any proceeding under that chapter or section, shall be made a party to the proceeding."
The word is "shall". The text does not name the proceedings beyond "Chapter VII" and "section 91"; check those provisions for what they cover. For the registered-user concept, see trademark licensing and registered user.
Sub-section (2)
"Notwithstanding anything contained in any other law, a registered user so made a party to the proceeding shall not be liable for any costs unless he enters an appearance and takes part in the proceeding."
| Registered user's conduct | Costs |
|---|---|
| Made a party but does not appear | Not liable for costs |
| Enters an appearance and takes part | The protection in sub-section (2) falls away |
Example. Anand Dairy has licensed its registered mark "ANAND FRESH" to Bhatt Foods, which is a registered user. A proceeding under Chapter VII touches the mark. Bhatt Foods must be impleaded. If it stays away, it faces no costs; if it appears and argues, the protection no longer applies.
Section 137: evidence of entries in the register
Sub-section (1): certified copies
"A copy of any entry in the register or of any document referred to in sub-section (1) of Section 148 purporting to be certified by the Registrar and sealed with the seal of the Trade Marks Registry shall be admitted in evidence in all courts and in all proceedings without further proof or production of the original."
So a court need not call for the original register. What matters is that the copy purports to be certified by the Registrar and carries the Registry seal. Documents under section 148(1) are covered too; see sections 147–148.
Sub-section (2): the Registrar's certificate
"A certificate purporting to be under the hand of the Registrar as to any entry, matter or thing that he is authorised by this Act or the rules to make or do shall be prima facie evidence of the entry having been made, and of the contents thereof, or of the matter or things having been done or not done."
"Prima facie" means the certificate is accepted unless the other side rebuts it. The sub-section extends to matters "done or not done", so a certificate can show that a step was not taken.
| Document | Section | Effect |
|---|---|---|
| Certified, sealed copy of register entry or s.148(1) document | 137(1) | Admitted without further proof or the original |
| Registrar's certificate on an entry, matter or thing | 137(2) | Prima facie evidence of entry, contents, or thing done or not done |
Section 138: Registrar and officers not compellable
"The Registrar or any officer of the Trade Marks Registry shall not, in any legal proceedings to which he is not a party, be compellable to:"
- produce the register or any other document in his custody, the contents of which can be proved by the production of a certified copy issued under the Act; or
- appear as a witness to prove the matters therein recorded,
"unless by order of the court made for special cause."
The protection is limited to proceedings in which the Registrar or officer is not a party. Together with section 137, it means you should obtain a certified copy, not summon the Registry.
Putting the three sections together
- A registered user is impleaded in proceedings under Chapter VII or section 91 and is shielded from costs unless he takes part.
- Proof of a register entry is by certified copy (section 137(1)) or Registrar's certificate (section 137(2)).
- Because a certified copy can prove the contents, the Registrar is not compellable to produce the register (section 138), save by court order for special cause.
The sections do not state any fee for a certified copy; the Trade Marks Rules, 2017 deal with forms and fees.
Need help with a register entry in a dispute?
If your case turns on what the register says, getting the right certified copy early saves time. Our legal dispute resolution team can advise how to prove ownership, licence or status in a pending matter.
Key takeaways
- A registered user using by way of permitted use must be made a party in Chapter VII and section 91 proceedings, unless already an applicant.
- Such a registered user is not liable for costs unless he appears and takes part.
- A Registrar-certified, sealed copy of a register entry is evidence without further proof.
- A Registrar's certificate is prima facie evidence of the entry or of a thing done or not done.
- The Registrar and Registry officers are not compellable in proceedings where they are not parties, unless the court orders for special cause.
Read next
- Sections 139–140: indication of origin and imported goods bearing false marks
- Sections 147–148: indexes and documents open to public inspection
- Trademark licensing: registered user and agreement
- How to file Form TM-16: registered user application
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.