Chapter VII - Rectification and Correction of the Register
Section 57
Section 57: Rectification and cancellation of entries
An aggrieved person may seek the specified cancellation, variation or rectification from the Registrar or High Court.
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Need advice on Section 57?
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) On application made in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the Registrar or the High Court, as the case may be, may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.
(2) Any person aggrieved by the absence or omission from the register of any entry, or by any entry made in the register without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the High Court or to the Registrar, and the Registrar or the High Court, as the case may be, may make such order for making, expunging or varying the entry as it may think fit.
(3) The Registrar or the High Court, as the case may be, may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register.
(4) The Registrar or the High Court, as the case may be, of its own motion, may, after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard, make any order referred to in sub-section (1) or sub-section (2).
(5) Any order of the High Court rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly.
Rule and business relevance
The grounds include breach of a recorded condition, missing entries, entries without sufficient cause, entries wrongly remaining and errors or defects. Own-motion action requires prescribed notice and an opportunity to be heard. High Court rectification orders are communicated to the Registrar for implementation.
Limits and related provisions
Choose the correct forum and procedure in light of sections 124–125 and the case’s context. Do not revive the abolished Appellate Board route or assume every disagreement proves an improper entry.
Hypothetical business example
Hypothetical example: A business identifies a mark wrongly remaining on the register and prepares a ground-specific rectification case with evidence and the proper forum.
Practical decision flow
Establish standing and the precise register defect or condition breach.
Check the competent forum and prescribed procedure.
Seek and track the specific rectification and its register implementation.
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
- Establish standing and the precise register defect or condition breach.
- Check the competent forum and prescribed procedure.
- Seek and track the specific rectification and its register implementation.
Avoid
- Choose the correct forum and procedure in light of sections 124–125 and the case’s context. Do not revive the abolished Appellate Board route or assume every disagreement proves an improper entry.
Glossary
- Person aggrieved
- The applicant with the relevant grievance required by the provision.
- Rectification
- Making, removing or varying the register entry as lawfully ordered.
Frequently asked questions
Can the authority act on its own motion?
Yes, with the prescribed notice and hearing safeguards.
Is the former Appellate Board named in the current text?
The current consolidated provision uses the Registrar or High Court.
Must the desired correction be identified?
Yes. Match the order sought to the actual ground and entry.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026