yep, most definitely. Even if it were a 40mm, you would want extra highs. marlin's are notorious for the bolt hitting the occular (eye) end of the scope if you don't have the scope high enough. I suggest Millet Extra High Tip off style rings.
Most times I have to set my scopes high...However hope you enjoy the Muller... I like them..Good quality scope for the price...I use them for predator at night time with the red dot illumination inside the recticle. Daytime I like the Muller AO for chucks. By the way they have a lifetime warranty.