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December 29, 2025

Legal Issues Seminar-General IP (LIS-GIP) On “Whether A Second Appeal Is Maintainable Against Orders Of The Trade Marks Registry?”

Featuring: Meghana Killampalli

A Legal Issues Seminar was conducted by Meghana Killampalli, Associate, on the topic “Whether A Second Appeal Is Maintainable Against Orders Of The Trade Marks Registry?”

The session examined the appellate framework under Section 91 of the Trade Marks Act, 1999, in conjunction with Sections 100 and 100A of the Code of Civil Procedure, 1908, to determine whether a Letters Patent Appeal or second appeal lies against orders passed by a Single Judge of the High Court in appeals from the Trade Marks Registry. Through an analysis of legislative history and judicial precedents, the discussion highlighted the conflicting judicial views on the issue. The seminar explored questions of legislative intent, the effect of the omission of a second appellate provision in the 1999 Act, and the relevance of the “trappings of a court” test in applying the bar under Section 100A CPC. The session concluded that the maintainability of a second appeal against Trade Marks Registry orders continues to be a contested and evolving area of trademark procedural law.

The Presentation can be accessed here.

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