Section 57 of Trademark Act, 1999 helps to keep the trademark register accurate. It allows authorities to rectify mistakes, cancel incorrect entries or update details. Section 57 ensures that the register stays fair and protects legitimate trademark rights. It prevents misuse that could confuse consumers or create unfair competition. Section 57 of Trademark Act covers everything from small errors to serious violations. It can lead to canceling, changing or correcting entries. Court decisions have shaped how this section works, balancing the rights of trademark owners with public interest. This article explains Section 57 of Trademark Act by breaking down its clauses along with the grounds and procedures of rectification.
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What is Section 57 of Trademark Act?
Section 57 of Trademark Act is "Power to cancel or vary registration and to rectify the register," which keeps the trademark register trustworthy. It allows corrections after a trademark is registered. This ensures only valid trademarks remain enforceable.
Unlike checks during registration, Section 57 works after the fact, fixing issues that arise later.
The trademark register is a living document. It can be updated for changes like new owners or addresses. But Section 57 of Trademark Act goes further. it lets the Registrar or High Court (since the Intellectual Property Appellate Board ended in 2021) fix bigger problems. For example, they can correct trademarks registered by mistake, like those that aren’t unique or are too similar to others.
Section 57 protects against fake or wrong entries. It promotes fairness in trademark law. Registration isn’t permanent i.e. it can be challenged if it harms others’ rights. Lawyers should know this section has broad powers but follows fair procedures, like giving notice and hearings.
Breakdown of Section 57 of Trademark Act
Section 57 has five parts and each explaining specific powers and steps for fixing the trademark register. These parts make Section 57 a flexible tool, handling everything from small updates to major cancellations:
Subsection (1): An aggrieved person can ask the High Court or Registrar of Trademarks to cancel or vary a trademark registration if it violates any provision of the Act or a condition in the register. For example, if a trademark was registered with geographic or product-specific limits but those limits were ignored, this section allows corrections.
Subsection (2): This part allows corrections for errors, omissions, or marks that shouldn’t be on the register. It applies when a trademark breaks rules, like lacking distinctiveness (Section 9) or causing confusion with another mark (Section 11).
Subsection (3): This gives authorities the power to settle any related or incidental matters needed to fix the register in one go.
Subsection (4): The High Court or Registrar can start fixing the register on their own. They must give notice and a chance to be heard to everyone affected, ensuring fairness.
Subsection (5): High Court orders must be sent to the Registrar, who updates the register based on the decision.
Read about the Abandoned Meaning in Trademark.
Grounds for Rectification under Section 57
Section 57 of Trademark Act lists the grounds for fixing the trademark register. These grounds keep the register clean. Affected parties like competitors or consumers, can challenge invalid trademarks. The person applying for rectification must prove they’re harmed, often by showing potential damage to their business:
Breaking Conditions: If a trademark doesn’t follow its registration rules, like usage limits or disclaimers, it can be changed or removed.
Errors or Missing Entries: This includes mistakes like wrong owner details, missing disclaimers, or incorrect product classifications.
Entries Without Good Reason: Marks registered through fraud, lies, or bad intentions can be challenged, especially if they copy well-known trademarks.
Wrongful Retention: Marks that stay on the register despite breaking public policy, lacking uniqueness, or causing confusion can be fixed. This also applies to marks not renewed or unused for long periods (linked to Section 47).
Deceptive Similarity or Public Morality: Marks that confuse consumers or offend moral standards can be corrected to avoid harm.
Procedure for Rectification under Section 57 of Trademark Act
Applying for rectification under Section 57 follows a clear process to ensure fairness. This process is covered by Rules 92-97 of the Trade Marks Rules, 2017. It requires clear documents and strong reasons to avoid delays or rejections:
Choose the Authority: File with the Registrar for smaller issues or the High Court for bigger matters. Since 2021, High Courts handle appeals and complex cases.
Prepare the Application: Write a clear statement with facts, reasons, and what you want fixed. Show you’re affected by the issue.
Use Correct Forms: File on Form TM-O for opposition or rectification, or TM-M if the Registrar starts the process. Include the right fees, which vary by applicant.
Submit Evidence: Include affidavits, proof of harm, and documents like prior use or evidence of similarity.
File and Verify: Submit at the correct Trademark Registry branch. The authority checks the documents and may send notices.
Hearing and Decision: Both sides present their case. The authority makes a decision, which may appear in the Trade Marks Journal.
Update the Register: The Registrar updates the register after receiving the order.
Read about What is a Trade Secret?
Interplay with Other Sections
Section 57 of Trademark Act works with other parts of the Trademark Act, like Section 47 (removal for non-use) and Section 124 (rectification in Trademark infringement lawsuits). For example, Section 124 says that if someone claims a trademark is invalid in a lawsuit, they must file for rectification within three months, or the claim is dropped. Given below is a simple comparison:
Aspect | Section 47 | Section 57 |
Main Focus | Non-use for five years or more | Errors, omissions, or violations |
Who Can Start | Affected party or Registrar | Affected party, Registrar, or on own |
Outcome | Removal from register | Cancellation, change, or correction |
Time Limit | After five years from registration | No specific time limit |
This shows Section 57 offers more options than Section 47. Courts have said Section 57 rights stay independent unless blocked by Section 124.
Summary
Section 57 of Trademark Act, 1999, gives the Registrar or High Court power to fix the trademark register by canceling, changing, or updating entries. It ensures the register stays accurate and fair. It addresses issues like errors, fraud, or non-unique marks to prevent consumer confusion and unfair competition. Affected parties can seek rectification for reasons like broken rules, mistakes, or deceptive similarity. The process involves filing forms, providing evidence, and attending hearings. Judiciary also shows the need to follow procedures and confirm Section 57’s strong role in protecting trademark rights and public interest.
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Section 57 of Trademark Act: FAQs
Q1. What is the difference between Section 47 and 57 of the Trademark Act?
Section 47 allows removal of a trademark for non-use over five years, while Section 57 enables broader rectification for errors, contraventions, or invalid registration grounds.
Q2. What is Section 58 of the Trademark Act?
Section 58 allows the Registrar to correct errors or omissions in the trademark register, like names, addresses, or descriptions, on request or their own motion.
Q3. What is Section 56 of the Trademark Act?
Section 56 states that applying a trademark to goods or services for export from India counts as use in India for legal purposes.
Q4. What are the grounds for trademark rectification?
Grounds include non-use for five years, errors in registration, failure to meet conditions like distinctiveness (Section 9), or likelihood of confusion (Section 11).
Q5. What is the rule 57 of trademark rules?
Rule 57 outlines how the Registrar handles their own-motion rectification of the trademark register, including issuing notices and hearing opportunities.
