Section 59 of TMA : Section 59: Alteration Of Registered Trade Marks

Explanation using Example

Let's consider a hypothetical scenario. Suppose there's a company named "HealthyFruit Inc." that sells fresh fruits and has a registered trademark of a vibrant, stylized apple. As they plan to expand their business into selling vegetables, they wish to add a carrot to their existing apple logo. However, they want to ensure that the overall identity of their logo, which is recognized by their customers, remains substantially the same.

According to Section 59(1) of The Trade Marks Act, 1999, HealthyFruit Inc. can apply to the Registrar to alter their trademark by adding a carrot to their apple logo. The Registrar has the power to either grant or refuse this request. If granted, it may come with certain terms and limitations.

Per Section 59(2), the Registrar might choose to advertise this application to alter the trademark. If any person opposes this change within a prescribed time, after hearing both parties, the Registrar will make a decision.

Finally, as per Section 59(3), if the Registrar grants the leave, the altered trademark (the apple logo with the added carrot) will be advertised, unless it has already been advertised under sub-section (2).