Chapter VI - Use of Trade Marks and Registered Users
Section 50
Section 50: Changing or cancelling registered-user status
The Registrar can vary or cancel registered-user status through the specified applications, grounds and procedure.
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Need advice on Section 50?
This article is for general information. Refer to the Trade Marks Act, 1999 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) Without prejudice to the provisions of section 57, the registration of a person as registered user—
(a) may be varied by the Registrar as regards the goods or services in respect of which it has effect on the application in writing in the prescribed manner of the registered proprietor of the trade mark;
(b) may be cancelled by the Registrar on the application in writing in the prescribed manner of the registered proprietor or of the registered user or of any other registered user of the trade mark;
(c) may be cancelled by the Registrar on the application in writing in the prescribed manner of any person on any of the following grounds, namely:—
(i) that the registered user has used the trade mark otherwise than in accordance with the agreement under clause (a) of sub-section (1) of section 49 or in such way as to cause or to be likely to cause, deception or confusion;
(ii) that the proprietor or the registered user misrepresented, or failed to disclose, some fact material to the application for registration which if accurately represented or disclosed would not have justified the registration of the registered user;
(iii) that the circumstances have changed since the date of registration in such a way that at the date of such application for cancellation they would not have justified registration of the registered user;
(iv) that the registration ought not to have been effected having regard to rights vested in the applicant by virtue of a contract in the performance of which he is interested;
(d) may be cancelled by the Registrar on his own motion or on the application in writing in the prescribed manner by any person, on the ground that any stipulation in the agreement between the registered proprietor and the registered user regarding the quality of the goods or services in relation to which the trade mark is to be used is either not being enforced or is not being complied with;
(e) may be cancelled by the Registrar in respect of any goods or services in relation to which the trade mark is no longer registered.
(2) The Registrar shall issue notice in the prescribed manner in respect of every application under this section to the registered proprietor and each registered user (not being the applicant) of the trade mark.
(3) The procedure for cancelling a registration shall be such as may be prescribed:
Provided that before cancelling of registration, the registered proprietor shall be given a reasonable opportunity of being heard.
Rule and business relevance
The provision distinguishes variation sought by the proprietor, cancellation requested by specified registered parties, grounds available to any person, quality-control failures and loss of the underlying goods-or-services registration. Notices and the proprietor’s reasonable hearing opportunity are required as stated.
Limits and related provisions
Do not treat cancellation as automatic merely because a licence dispute arises. Identify the proper applicant, exact ground and procedural safeguards.
Hypothetical business example
Hypothetical example: A registered user departs from the licence’s quality controls. The proprietor considers the appropriate cancellation ground and supplies evidence through the prescribed process.
Practical decision flow
Identify whether variation or cancellation is sought and who may apply.
Match evidence to the exact statutory ground.
Follow notice and hearing requirements before treating status as cancelled.
Applying the Act and current procedure
Read the statutory rule together with the applicable Trade Marks Rules, current Registry directions and the facts of the particular mark. Forms, fees and procedural requirements should be checked against their current official source before filing.
Practical checklist
Do
- Identify whether variation or cancellation is sought and who may apply.
- Match evidence to the exact statutory ground.
- Follow notice and hearing requirements before treating status as cancelled.
Avoid
- Do not treat cancellation as automatic merely because a licence dispute arises. Identify the proper applicant, exact ground and procedural safeguards.
Glossary
- Variation
- A change to the registered user’s goods-or-services coverage under the stated route.
- Quality-control failure
- Non-enforcement or non-compliance with the agreement’s quality stipulation.
Frequently asked questions
Can any person use every application route?
No. The section specifies different applicants for different grounds.
Can quality-control failure justify action?
Yes. Clause (d) expressly addresses it.
Is a hearing safeguard stated?
The proprietor must receive a reasonable opportunity of being heard before cancellation.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026