Section 141 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 141 rewards a proprietor whose registration survives a contested rectification case. If the High Court gives a decision on contest in the proprietor's favour on validity, it may grant a certificate to that effect. In a later proceeding where validity is questioned again, the proprietor who wins a final order affirming validity is entitled to full costs as between legal practitioner and client, unless the court directs otherwise for sufficient reason. For support in validity disputes, see legal dispute resolution.
After a contested rectification proceeding decided in favour of the registered proprietor on validity, the High Court may grant a certificate saying so. In any later proceeding where validity comes into question, a proprietor holding that certificate who obtains a final order or judgment affirming validity is entitled to full costs, charges and expenses as between legal practitioner and client, unless the order or judgment directs otherwise for sufficient reason.
A note on the wording
The printed text of section 141 says "Appellate Board" in two places. The Tribunals Reforms Act, 2021, in its clause (v), substitutes "High Court" for "Appellate Board" at both places where they occur in section 141. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". The current wording is used below.
The two stages
Section 141 is a single, long sentence with two stages.
Stage 1: the certificate
The trigger is "any legal proceeding for rectification of the register before the High Court" in which "a decision is on contest given in favour of the registered proprietor of the trade mark on the issue as to the validity of the registration". The High Court "may grant a certificate to that effect".
Three points from the words:
- It must be a contested decision. An uncontested outcome does not qualify.
- The decision must be on the issue of validity of the registration.
- The certificate is discretionary: "may grant".
Stage 2: costs in later proceedings
"If such a certificate is granted, then, in any subsequent legal proceeding in which the said validity comes into question the said proprietor on obtaining a final order or judgment in his favour affirming validity of the registration of the trade mark shall, unless the said final order or judgment for sufficient reason directs otherwise, be entitled to his full cost charges and expenses as between legal practitioner and client."
| Element | What the text requires |
|---|---|
| Earlier proceeding | Rectification before the High Court, decided on contest for the proprietor on validity |
| Certificate | Granted by the High Court (discretionary) |
| Later proceeding | Any legal proceeding where validity comes into question |
| Proprietor's result | Final order or judgment in his favour affirming validity |
| Consequence | Entitled to full costs, charges and expenses between legal practitioner and client |
| Exception | The order or judgment directs otherwise for sufficient reason |
"Costs as between legal practitioner and client" is a fuller measure than ordinary costs. The text does not define it further, so the figure in any case is for the court to fix.
Example. Lotus Pharma's registered mark "LOTUSVIT" is challenged by a rival in a rectification petition. After a contested hearing the High Court upholds validity and, at Lotus Pharma's request, grants a certificate. Two years later another trader pleads in an infringement suit that "LOTUSVIT" is invalid. If Lotus Pharma gets a final order affirming validity, it is entitled to full costs as between legal practitioner and client, unless the court for sufficient reason directs otherwise.
What section 141 does not do
- It does not say the certificate bars a later challenge. The text only deals with costs; a later proceeding "in which the said validity comes into question" can still occur.
- It does not set a time limit for applying for the certificate; the text is silent.
- It does not name an amount of costs.
- It does not mention a fee or form for the certificate; forms and fees are matters for the Trade Marks Rules, 2017.
For how invalidity pleas arise in suits, see section 124; for the rectification route itself, see rectification and removal of a trademark.
Practical points
- If you win a contested validity point in rectification, ask the High Court whether to request the certificate while the matter is before it; the text says it "may" grant one.
- Keep the certificate with your registration papers; you will need to show it in any later proceeding.
- In a later case, plead the certificate and ask for costs on the legal practitioner and client scale after a final order affirming validity.
- Remember the court can direct otherwise for sufficient reason.
Need help defending the validity of your mark?
Winning once on validity is valuable only if the certificate is secured and used later. Our legal dispute resolution team can work with your counsel on rectification defence, certificate and costs.
Key takeaways
- Section 141 applies after a contested rectification decision in the proprietor's favour on validity.
- The High Court may grant a certificate; it is not automatic.
- In a later proceeding, a final order affirming validity gives full costs as between legal practitioner and client, unless the court directs otherwise for sufficient reason.
- The text does not prevent a later challenge, set a time limit or fix amounts.
- Before the Tribunals Reforms Act, 2021 the text said "Appellate Board".
Read next
- Section 142: groundless threats of legal proceedings
- Section 124: stay of suit where validity of registration is questioned
- Rectification and removal of a trademark from the register
- Trademark cancellation petition: grounds and process
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.