Section 137 of Trademark Act, is designed to ensure the reliability of trademark-related documents in legal disputes. It is known as “Evidence of entries in register, etc., and things done by the Registrar,” it establishes that certified copies of entries in the trademark register or documents issued by the Registrar are admissible as evidence in courts without needing further proof of authenticity. This section simplifies legal proceedings by allowing trademark owners, businesses, and lawyers to use these certified documents to prove ownership, registration status or other registry actions efficiently. Understanding Section 137 of Trademark Law in India is essential, as it supports fair and streamlined resolution of conflicts involving trademarks in India’s legal system.
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What is Section 137 of Trademark Act?
Section 137 of Trademark Act, is called “Evidence of entries in register, etc., and things done by the Registrar.” It explains how documents from the Trade Marks Registry can be used in legal cases. It says that certified copies of registry entries or documents issued by the Registrar are valid evidence in court. These documents don’t need extra proof to show they are real.
This section makes it easier to use official trademark records in disputes. For example, it helps in cases about trademark ownership, infringement or changes to the registry. By trusting these certified documents, Section 137 saves time and effort in legal battles.
Text of Section 137
To understand Section 137, let’s look at its exact words in the Trade Marks Act, 1999:
Sub-section (1): A copy of any entry in the register or any document mentioned in Section 148(1), certified by the Registrar and sealed with the Trade Marks Registry’s seal, is valid evidence in all courts and legal proceedings. You don’t need to show the original document or prove it’s real.
Sub-section (2): A certificate signed by the Registrar about any entry, matter, or action allowed by this Act or its rules is initial evidence that the entry was made, its details are correct, or the action was done or not done.
This means certified copies and certificates from the Registrar are trusted in court without extra steps to prove they are genuine.
Importance of Section 137 of Trademark Act
Section 137 of Trademark Act, 1999 is vital for several reasons, as it ensures the reliability and efficiency of legal proceedings involving trademarks. Below are some key reasons why this provision matters:
Makes Legal Cases Easier: Certified copies don’t need extra proof, so courts can move faster. This helps in disputes about trademark ownership, infringement, or registry changes.
Prevents Fraud: The Registrar’s certification and seal ensure documents are real. This stops people from using fake or altered documents, keeping the trademark system trustworthy.
Helps Trademark Owners: Owners can use certified copies to protect their rights in court. For example, in an infringement case, a certified copy of their registration proves they own the trademark.
Clears Up Disputes: Certificates from the Registrar are assumed true, reducing confusion in court. This makes disputes clearer and faster to resolve.
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Essential Elements of Section 137 of Trademark Act
In order to break down Section 137 of the Trade Marks Act, we need to examine its two sub-sections which talks about certified copies an inand their implications:
Sub-section (1): Certified Copies Are Valid
This part says that certified copies of trademark register entries or other documents from the Registrar are accepted in all courts. These copies must be certified by the Registrar and have the Trade Marks Registry’s seal. This rule saves time because you don’t need to show the original document or prove it’s real.
For example, in a trademark dispute, a company can show a certified copy of its trademark registration to prove it owns the mark. The court will accept this copy as valid evidence under Section 137, making the process smoother.
Sub-section (2): Initial Evidence
This part says that a certificate signed by the Registrar about any entry, matter, or action allowed by the Act is initial proof. Initial proof means the court assumes the certificate is true unless someone proves it wrong. This applies to:
Entries in the trademark register.
Details of those entries.
Actions the Registrar took or didn’t take.
For instance, if the Registrar issues a certificate saying a trademark was renewed on a certain date, the court accepts this as true unless the other side shows strong proof it’s wrong.
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Powers and Functions of the Registrar Covered Under Section 137 of Trademark Act
The powers and functions of Registrar of trademark encompass administrative, quasi-judicial, and regulatory functions. Drawing from the Act's provisions, the Registrar's authorizations include examining applications, managing the register, handling oppositions and exercising civil court-like powers.
Categories of Authorized Actions
The Registrar's functions can be categorized as follows:
Administrative Powers: Maintaining the register, classifying goods/services and issuing certificates.
Decision-Making Powers: Accepting/refusing applications, deciding oppositions and rectifying entries.
Quasi-Judicial Powers: Administering oaths, compelling evidence and reviewing decisions.
Special Powers for Collective/Certification Marks: Approving regulations and handling alterations.
These actions, when certified, gain evidentiary status under section 137 of Trade Marks Act.
Table of Key Powers and Functions
The following table lists major things done by the Registrar, grouped by category, with section references and brief descriptions. This is not exhaustive but covers principal authorizations relevant to section 137 of Trade Marks Act.
Category | Section | Brief Description of Thing Done by Registrar |
Administrative Powers | 3(2) | Appoint officers to discharge functions under superintendence. |
Administrative Powers | 7(1) | Classify goods and services per international standards. |
Administrative Powers | 8(1) | Publish alphabetical index of classifications. |
Administrative Powers | 23(2) | Issue certificate of registration sealed with the registry seal. |
Administrative Powers | 131(1) | Extend time for acts upon application and sufficient cause. |
Decision-Making Powers | 18(4) | Refuse or accept applications, with or without conditions. |
Decision-Making Powers | 19 | Withdraw acceptance of application after hearing. |
Decision-Making Powers | 21(5) | Decide on opposition and permit registration with conditions. |
Decision-Making Powers | 23(1) | Register trade mark as of application date. |
Decision-Making Powers | 58(1) | Correct errors in register entries or cancel marks. |
Decision-Making Powers | 59(1) | Grant leave to alter registered trade mark. |
Decision-Making Powers | 60(1) | Refuse amendments adding goods or antedating registration. |
Quasi-Judicial Powers | 127(a) | Exercise civil court powers: receive evidence, administer oaths, enforce witness attendance, compel documents. |
Quasi-Judicial Powers | 127(b) | Award costs in proceedings, executable as court decree. |
Quasi-Judicial Powers | 127(c) | Review own decisions upon application. |
Quasi-Judicial Powers | 128 | Provide opportunity to be heard before adverse decisions. |
Quasi-Judicial Powers | 129 | Take oral evidence in proceedings. |
Special Powers (Collective/Certification Marks) | 64 | Accept or refuse collective mark applications and regulations. |
Special Powers (Collective/Certification Marks) | 72(1) | Accept or refuse certification trade mark applications and regulations. |
Special Powers (Collective/Certification Marks) | 77 | Expunge or vary certification mark entries on application. |
Other Powers | 4 | Withdraw or transfer pending matters to another officer. |
Other Powers | 12 | Permit concurrent registration with conditions. |
Other Powers | 14 | Require consent for marks suggesting false connections. |
Other Powers | 16(5) | Dissolve association of trade marks upon application. |
Other Powers | 20(1) | Advertise accepted applications. |
Other Powers | 21(6) | Require security for costs from non-residents. |
Other Powers | 22 | Permit amendments to applications. |
Other Powers | 130 | Substitute successors in proceedings upon death. |
Other Powers | 132 | Treat applications as abandoned for default. |
This table illustrates the diverse "things done" that can be certified under section 137 of Trade Marks Act, making it a vital tool for proving actions like registrations or refusals in court.
Summary
Section 137 of Trademark Act, is a key rule that makes trademark disputes easier and more reliable. Section 137 allows certified copies and Registrar’s certificates to be used as valid evidence in court without extra proof which saves time and ensures trust in the trademark system. Understanding Section 137 is important for protecting trademark rights in any kind of trademark disputes. By making certified documents which are acceptable in court, Section 137 promotes fairness and clarity. Whether you’re a lawyer in an infringement case or a business owner defending your brand, this section is a powerful tool for your legal needs.
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Section 137 of Trademark Act: FAQs
Q1. What is Section 137 of the Trademark Act?
Section 137 allows certified copies of trademark registry documents to be used as valid evidence in court without extra proof.
Q2. What are the 4 types of trademarks?
The four types of trademarks are product marks, service marks, collective marks, and certification marks.
Q3. What is Section 136 of the Trademark Act?
Section 136 states that trademark register entries are initial proof but can be challenged with evidence in court.
Q4. What is Section 135 of the Trademark Act?
Section 135 allows courts to order the removal or change of a trademark registration in specific legal cases.
