Section 91 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 91 is the appeal provision of the Trade Marks Act. A person aggrieved by an order or decision of the Registrar can appeal, within three months from the day the order or decision is communicated. Since the Tribunals Reforms Act, 2021, the appeal goes to the High Court and not to the Appellate Board.
Any person aggrieved by an order or decision of the Registrar under the Act or the rules made under it may prefer an appeal to the High Court within three months from the date on which the order or decision is communicated to that person. An appeal filed after that period is not admitted, unless the appellant satisfies the High Court that he had sufficient cause for the delay. The appeal must be in the prescribed form, verified in the prescribed manner, and accompanied by a copy of the order and the prescribed fees.
The 2021 change in wording
The printed text of section 91 says "Appellate Board". The Tribunals Reforms Act, 2021 (section 21, clause (k)) substituted "High Court" for "Appellate Board" wherever the words occur in section 91. Before the Tribunals Reforms Act, 2021 this read "Appellate Board". For the wider picture, see Sections 83-100: the Appellate Board abolished. The article below uses the current wording.
Sub-section (1): who may appeal and when
"Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may prefer an appeal to the within three months from the date on which the order or decision sought to be appealed against is communicated to such person preferring the appeal."
| Element | What the text says |
|---|---|
| Who | Any person aggrieved, whether applicant, opponent or other affected person |
| Against what | An order or decision of the Registrar under the Act or the Rules |
| To whom | The High Court |
| Time limit | Three months from the date the order or decision is communicated to the person appealing |
Three points matter in practice.
- The clock runs from communication. The sub-section does not say "from the date of the order". It says from the date on which the order or decision "is communicated to such person preferring the appeal". Keep proof of when and how you received it.
- "Any person aggrieved". The wording is not limited to the applicant. An opponent, whose opposition is rejected, may also be a person aggrieved by the order. The text does not define the phrase further.
- "Under this Act, or the rules". The appeal covers decisions made under the Rules too, not only under the Act. That includes refusals, acceptance with conditions and decisions after a hearing.
If you have received a refusal or an adverse opposition decision, our trademark hearing representation team can review the order, advise whether an appeal is worthwhile and diary the deadline.
Sub-section (2): the bar and the proviso
"No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):
Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the that he had sufficient cause for not preferring the appeal within the specified period."
So the rule is strict, but the proviso allows a late appeal where the appellant satisfies the High Court of sufficient cause. The Act does not give examples of sufficient cause or an outer limit for the delay. The point is for the appellant to explain, with facts, why the appeal could not be filed in time. Do not assume the proviso will be granted: it is for the High Court to be satisfied.
Sub-section (3): form, verification, documents and fees
"An appeal to the shall be in the prescribed form and shall be verified in the prescribed manner and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed."
| Requirement | Detail |
|---|---|
| Form | The prescribed form |
| Verification | In the prescribed manner |
| Annexure | A copy of the order or decision appealed against |
| Fees | Such fees as may be prescribed |
Who prescribes? Section 2(1)(s), as substituted by the 2021 Act, says that "prescribed" means, in relation to proceedings before a High Court, prescribed by rules made by the High Court, and in other cases, prescribed by rules made under the Trade Marks Act. An appeal under section 91 is a proceeding before the High Court, so read with that definition the form, verification and fee point to the High Court's rules. The Trade Marks Rules, 2017 prescribe forms and fees for Registry proceedings. This article states no fee amount, and the position should be confirmed in the High Court's rules in force before filing.
What the section does not say
Section 91 is silent on several points, and the Act does not fill them:
- It does not say which High Court bench or which jurisdiction applies.
- It does not say whether the Registrar's order is stayed during the appeal.
- It does not say who the respondents are; section 98 deals with the Registrar's right to appear and be heard in certain appeals. See Sections 97-98.
How section 91 fits with other provisions
- Decisions at a hearing. The Registrar's powers and the hearing process are in Sections 127-128. Our guide to trademark hearing preparation covers the usual documents and arguments.
- Rectification and removal. These are separate applications under sections 47 and 57, which now go to the Registrar or the High Court, as the case may be. See Section 57.
- Pending matters. Section 33(3) of the Tribunals Reforms Act, 2021 deals with appeals pending before the Appellate Board on the notified date; see Sections 83-100.
Step-by-step checklist
- Note the date the order or decision was communicated to you and calculate three months.
- Obtain a certified or clear copy of the order.
- Prepare the memorandum of appeal in the form the High Court prescribes, verified as required.
- Pay the fee prescribed in the High Court's rules.
- File within three months, or prepare a sufficient-cause explanation if you are late.
- Serve and follow the High Court's procedure for the Registrar and other parties.
Example. The Registrar refuses Rao Textiles' application for "Aranya" after a hearing. The order is communicated to Rao on 10 March. The three months run from that date of communication. Rao files the appeal in the High Court in the prescribed form, verified, with a copy of the order and the fee. If Rao discovers in July that the paper was misplaced and files then, it must satisfy the High Court of sufficient cause under the proviso; it may or may not succeed.
Need help with an appeal?
The three-month window is short and the High Court has its own procedure. Our trademark hearing representation team can examine the Registrar's order, advise on the grounds and prepare the filing in time.
Key takeaways
- Any person aggrieved by an order or decision of the Registrar under the Act or the Rules may appeal to the High Court.
- The time limit is three months from the date the order or decision is communicated.
- A late appeal is not admitted unless the appellant satisfies the High Court of sufficient cause.
- The appeal must be in the prescribed form, verified in the prescribed manner, with a copy of the order and the prescribed fees.
- "Appellate Board" became "High Court" under the Tribunals Reforms Act, 2021.
- For the High Court, "prescribed" means prescribed by the High Court's rules (section 2(1)(s) as substituted).
Read next
- Sections 83-100: the Appellate Board abolished and what replaced it
- Sections 97-98: rectification procedure before the High Court and the Registrar's appearance
- Sections 127-128: powers of the Registrar and discretionary power
- Trademark hearing preparation: documents and arguments
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.