Sections 83-100 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.
Chapter XI of the Trade Marks Act, 1999 used to set up and run the Intellectual Property Appellate Board. The Tribunals Reforms Act, 2021 changed it. Most of the chapter now stands omitted, the heading is now "Appeals", four sections survive in amended form (91, 94, 97 and 98), and the matters that went to the Board now go to the High Court.
By section 21 of the Tribunals Reforms Act, 2021: the Chapter XI heading is substituted by "APPEALS"; sections 83 to 90, including 89A, are omitted; sections 92 and 93 are omitted; section 94 is substituted; sections 95 and 96 are omitted; sections 99 and 100 are omitted. In sections 91, 97 and 98, "Appellate Board" is replaced by "High Court". In sections 47 and 57, "Appellate Board" also becomes "High Court", and "tribunal" becomes "Registrar or the High Court, as the case may be". Appeals from the Registrar, and rectification applications under section 57, now go to the High Court.
What the 2021 Act says about Chapter XI
Section 21 of the Tribunals Reforms Act, 2021 is headed "Amendments to the Trade Marks Act, 1999". Its clause (i) substitutes the Chapter XI heading "APPEALS"; clause (j) omits "sections 83, 84, 85, 86, 87, 88, 89, 89A and 90"; clause (k) amends section 91; clause (l) omits "sections 92 and 93"; clause (m) substitutes section 94; clause (n) omits "sections 95 and 96"; clauses (o) and (p) amend sections 97 and 98; and clause (q) omits "sections 99 and 100". No commencement date is stated here, because the clauses consulted do not print one.
Section-by-section table
| Section | Old subject (outline, repealed) | Position now |
|---|---|---|
| 83 | Establishment of the Appellate Board | Omitted |
| 84 | Composition of the Board | Omitted |
| 85 | Qualifications for appointment | Omitted |
| 86 | Term of office | Omitted |
| 87 | Acting arrangements | Omitted |
| 88 | Salaries, allowances and terms of service | Omitted |
| 89 | Resignation and removal | Omitted |
| 89A | Qualifications and terms under the Finance Act, 2017 route | Omitted |
| 90 | Staff of the Board | Omitted |
| 91 | Appeals to the Appellate Board | Survives; "Appellate Board" now reads "High Court" |
| 92 | Procedure and powers of the Board | Omitted |
| 93 | Bar of jurisdiction of courts | Omitted |
| 94 | Bar to appear before the Appellate Board | Substituted (see below) |
| 95 | Conditions for interim orders in appeals | Omitted |
| 96 | Transfer of cases between Benches | Omitted |
| 97 | Procedure for rectification applications before the Board | Survives; reads "High Court" |
| 98 | Appearance of Registrar in legal proceedings | Survives; "Appellate Board" or "Board" reads "High Court" |
| 99 | Costs of the Registrar before the Board | Omitted |
| 100 | Transfer of pending proceedings to the Board | Omitted |
The "old subject" column is only a label taken from the section headings in the annotated text. It is not a restatement of the old law, and the Board's composition and powers are not described here because those provisions no longer exist.
If you are deciding where to take an order or a rectification matter now, our legal dispute resolution team can advise on the forum and the steps.
The four surviving sections
Section 91: appeals
Section 91 is still the appeal provision, now with the High Court. See Section 91 for its sub-sections. Before the Tribunals Reforms Act, 2021 this read "Appellate Board".
Section 94: the substituted bar
The 2021 Act substitutes section 94 with this text: "94. On ceasing to hold the office, the erstwhile Chairperson, Vice-Chairperson or other Members shall not appear before the Registrar." The substituted section is headed "Bar to appear before Registrar". The old section 94 said the same people could not appear before the Appellate Board or the Registrar; with the Board gone, only the Registrar remains. The section is about persons who held office on the Board. It does not affect ordinary advocates or agents.
Sections 97 and 98: rectification procedure and the Registrar's appearance
Both survive with "High Court" in place of "Appellate Board" (and "Board"). See Sections 97-98.
Other sections the 2021 Act changed
The same clause of the 2021 Act changes the forum words in sections outside Chapter XI. The ones relevant to this series are:
| Section | Change in the 2021 Act |
|---|---|
| 10 and 26 | "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 46(3) | "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 47 | "Appellate Board" (both places) becomes "High Court"; "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 55(1) | "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 57 | "Appellate Board" becomes "High Court"; "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 71(3) | "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 113 | "Appellate Board" (both places) becomes "High Court"; "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 123 | The words "and every Member of the Appellate Board" are omitted |
| 124 and 125 | "Appellate Board" becomes "High Court" |
| 130 | The words "the Appellate Board or" are omitted |
| 141 | "Appellate Board" (both places) becomes "High Court" |
| 144 | "tribunal" becomes "Registrar or the High Court, as the case may be" |
| 157(2) | Clauses (xxxi) and (xxxii) omitted; in clause (xxxiii) "Appellate Board" becomes "High Court" |
The 2021 Act also omits clauses (a), (d), (f), (k), (n), (ze) and (zf) of section 2(1) and substitutes clause (s) ("prescribed"), as part of the same section 21. See Section 2, deceptively similar, interpretation rules and omitted clauses.
Where do appeals and rectification go now?
- Appeals from the Registrar's order or decision go to the High Court under section 91 as amended.
- Applications for rectification under section 57 go to the High Court or the Registrar, as the amended section 57 provides. Section 125 is also amended to read "High Court". See Section 57 and Section 125.
- Non-use removal under section 47 goes to the Registrar or the High Court, as the case may be.
The text of the Act does not say which High Court bench hears these matters. Section 2(1)(s), as substituted, says "prescribed" means, in relation to proceedings before a High Court, prescribed by rules made by the High Court.
What happened to pending matters?
The 2021 Act has a transitional provision. Section 33(3) reads: "Any appeal, application or proceeding pending before the Tribunal, Appellate Tribunal or other Authorities specified in the Second Schedule, other than those pending before the Authority for Advance Rulings under the Income-tax Act, 1961, before the notified date, shall stand transferred to the court before which it would have been filed had this Act been in force on the date of filing of such appeal or application or initiation of the proceeding, and the court may proceed to deal with such cases from the stage at which it stood before such transfer, or from any earlier stage, or de novo, as the court may deem fit."
Item 4 of the Second Schedule is the "Intellectual Property Appellate Board under Trade Marks Act, 1999 (47 of 1999)". The "notified date" is a term used in that Act; this article does not state a date for it. Section 33(1) also provides that persons holding office on the Board on the notified date cease to hold it from that date. For the status of a particular pending case, check the court record and the official notification.
Example. Gulati Foods lost a trade mark application before the Registrar and wants to appeal. The statute now to be read is section 91 as amended: the appeal is to the High Court. If its dispute was already pending before the Board when the 2021 Act took effect, section 33(3) says it stood transferred to the court before which it would have been filed, and that court could continue from the stage reached, from an earlier stage, or de novo.
Practical points
- Check the text you are reading. Older books and the printed Act may still show "Appellate Board".
- Do not cite the omitted sections as current law.
- For any pending case, rely on section 33(3) and the court record.
Need help with an appeal or rectification matter?
Choosing the right forum and framing the grounds matters now that the High Court hears appeals and rectification. Our legal dispute resolution team can advise on forum, prepare the filing and represent you.
Key takeaways
- The Intellectual Property Appellate Board provisions were omitted by section 21 of the Tribunals Reforms Act, 2021.
- Omitted: sections 83 to 90 (including 89A), 92, 93, 95, 96, 99 and 100.
- Substituted: section 94, now a bar on erstwhile Chairperson, Vice-Chairperson or Members appearing before the Registrar.
- Amended to read "High Court": sections 91, 97 and 98, and "Appellate Board" in sections 47, 57, 113, 124, 125 and 141.
- Appeals from the Registrar and rectification applications now go to the High Court.
- Pending proceedings stood transferred under section 33(3) of the 2021 Act, with the "notified date" not stated here.
Read next
- Section 91: appeals to the High Court
- Sections 97-98: rectification procedure before the High Court and the Registrar's appearance
- Section 57: cancellation, variation and rectification of the register
- Section 125: rectification application to be made to the High Court
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.