Section 57 of TMA : Section 57: Power To Cancel Or Vary Registration And To Rectify The Register

Explanation using Example

Let's consider a hypothetical scenario where 'ABC Beverages' has registered a trade mark for their new energy drink. However, 'XYZ Refreshments', another company, alleges that this new trade mark infringes upon their already registered trade mark. In this case, XYZ Refreshments, being the aggrieved party, can apply to the High Court or to the Registrar to cancel or vary the registration of ABC Beverages' trade mark, as per Section 57(1) of The Trade Marks Act, 1999.

Similarly, if XYZ Refreshments finds that an entry related to their trade mark is missing from the register or an error has been made, they can apply to the High Court or the Registrar to correct this, as per Section 57(2).

Furthermore, the Registrar or the High Court can decide any question necessary for the rectification of the register during these proceedings, as per Section 57(3). They can also, on their own accord, make any order to cancel, vary, or rectify the register after giving notice to the concerned parties, as per Section 57(4).

Finally, once the High Court makes an order to rectify the register, it will direct the Registrar to make the necessary changes, as per Section 57(5).