Section 91 of TMA : Section 91: Appeals To High Court

Explanation using Example

Imagine a situation where Mr. Smith applies for a trademark for his business logo under the Trade Marks Act, 1999. However, the Registrar rejects his application due to similarity with an existing trademark. Mr. Smith, feeling aggrieved by this decision, decides to appeal against this order.

According to Section 91(1), Mr. Smith has the right to appeal this decision to the High Court within three months from the date he was communicated the Registrar's decision.

However, Mr. Smith was preoccupied with other pressing business matters and could not file the appeal within the stipulated three months. According to Section 91(2), his appeal would not normally be admitted due to the delay. But, if Mr. Smith can convince the High Court that he had a valid reason for the delay, his appeal may still be admitted.

Finally, as per Section 91(3), when Mr. Smith files his appeal, it should be in the prescribed form, verified in the prescribed manner, and accompanied by a copy of the Registrar's decision and the prescribed fees.