Chapter IX - Certification Trade Marks
Section 77
Section 77: Cancelling or varying certification registration
An aggrieved person may seek cancellation, variation of certification registration or changes to regulations on the listed grounds.
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Need advice on Section 77?
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
The Registrar may, on the application in the prescribed manner of any person aggrieved and after giving the proprietor an opportunity of opposing the application, make such order as he thinks fit for expunging or varying any entry in the register to a certification trade mark, or for varying the regulations, on any of the following grounds, namely:—
(a) that the proprietor is no longer competent, in the case of any of the goods or services in respect of which the mark is registered, to certify those goods or services;
(b) that the proprietor has failed to observe any provisions of the regulations to be observed on his part;
(c) that it is no longer to the public advantage that the mark should remain registered;
(d) that it is requisite for the public advantage that if the mark remains registered, the regulations should be varied.
Rule and business relevance
The grounds concern lost competence, failure to observe regulations, lack of continuing public advantage or public advantage requiring regulatory variation. The proprietor must have an opportunity to oppose.
Limits and related provisions
A disagreement with one certification decision is not automatically proof of every cancellation ground. Select the relevant statutory issue and evidence.
Hypothetical business example
Hypothetical example: A certifier loses the capacity to perform the certification represented by its mark. An aggrieved person considers the competence ground through the prescribed application process.
Practical decision flow
Establish the applicant’s grievance and exact ground.
Gather evidence of competence, compliance or public advantage.
Use the prescribed process with the proprietor’s opportunity to oppose.
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 the applicant’s grievance and exact ground.
- Gather evidence of competence, compliance or public advantage.
- Use the prescribed process with the proprietor’s opportunity to oppose.
Avoid
- A disagreement with one certification decision is not automatically proof of every cancellation ground. Select the relevant statutory issue and evidence.
Glossary
- Continuing competence
- The proprietor’s ongoing ability to certify the relevant goods or services.
- Regulatory variation
- A change to the certification regulations ordered under the section.
Frequently asked questions
Can the regulations be varied without cancelling the mark?
The section permits the stated variation orders.
Must the proprietor be allowed to oppose?
Yes. That safeguard is express.
Does public advantage remain relevant after registration?
Yes. Two grounds concern its continuing requirements.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026