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Chapter VII - Rectification and Correction of the Register

Section 58

Section 58: Correction of register particulars

The proprietor may request specified register corrections, changes, cancellation or removal of goods and services; a user has a narrower correction route.

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Need advice on Section 58?

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.

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Statutory text

Bare law

(1) The Registrar may, on application made in the prescribed manner by the registered proprietor,—

(a) correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark;

(b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark;

(c) cancel the entry of a trade mark on the register;

(d) strike out any goods or classes of goods or services from those in respect of which a trade mark is registered, and may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him.

(2) The Registrar may, on application made in the prescribed manner by a registered user of a trade mark, and after notice to the registered proprietor, correct any error, or enter any change, in the name, address or description of the registered user.

Rule and business relevance

The Registrar may also alter the certificate consequentially and require its production. A registered user’s name, address or description can be corrected or changed after notice to the proprietor.

Limits and related provisions

This correction route is not an automatic assignment, expansion of goods or material redesign of the mark. Use the proper provision for the actual change.

Hypothetical business example

Hypothetical example: A proprietor changes its address and requests an update, while a user separately updates its own recorded description with the required notice.

Practical decision flow

Identify the entry and exact correction requested.

Confirm the appropriate applicant and required notice.

Update any certificate or related record as directed.

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 the entry and exact correction requested.
  • Confirm the appropriate applicant and required notice.
  • Update any certificate or related record as directed.

Avoid

  • This correction route is not an automatic assignment, expansion of goods or material redesign of the mark. Use the proper provision for the actual change.

Glossary

Register correction
The permitted correction or change to recorded particulars.
Consequential certificate change
A certificate alteration following the register action.

Frequently asked questions

Can a user change the proprietor’s ownership through this route?

The user’s subsection (2) route concerns its own name, address or description.

Can the proprietor request deletion of goods or services?

Yes. The specified strike-out power is in subsection (1).

Is a major change to the mark itself handled identically?

Section 59 separately governs alteration of the registered mark.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026