Chapter XI - Appeals
Section 97
Section 97: High Court rectification procedure
An application to the High Court under section 57 must follow the prescribed form, and resulting register orders must be given effect through the Registry.
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Need advice on Section 97?
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) An application for rectification of the register made to the High Court under section 57 shall be in such form as may be prescribed.
(2) A certified copy of every order or judgment of the High Court relating to a registered trade mark under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order.
Rule and business relevance
Keep the rectification application, certified order and resulting register changes connected. The quoted current consolidation names the High Court but also retains some Board wording in subsection (2); current filing and communication practice must be checked against the competent court’s procedure.
Limits and related provisions
Do not use the residual Board wording to file before the abolished IPAB. Nor assume that a private copy or an unrecorded change is the same as the official register being updated.
Hypothetical business example
Hypothetical example: A proprietor obtains a High Court rectification order and checks certified communication and the Registry entry implementing that order.
Practical decision flow
Identify the section 57 relief and competent High Court process.
Use the prescribed application and obtain the court’s final directions.
Track certified communication and implementation in the register.
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 section 57 relief and competent High Court process.
- Use the prescribed application and obtain the court’s final directions.
- Track certified communication and implementation in the register.
Avoid
- Do not use the residual Board wording to file before the abolished IPAB. Nor assume that a private copy or an unrecorded change is the same as the official register being updated.
Glossary
- Rectification application
- An application under section 57 seeking correction of the register.
- Certified order
- The authenticated court decision used for the statutory communication process.
Frequently asked questions
Where does subsection (1) place the application?
Before the High Court under section 57.
Does residual Board wording establish a present IPAB route?
No. Use the current High Court framework and applicable procedure.
Why check the register after the decision?
The Registrar must give effect to the relevant order and amend or rectify entries when directed.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026