Section 58 – Trade Marks Act, 1999

Correction of register (1) The Registrar may, on application made in the prescribed manner by the registered proprietor,— (a)   correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark; (b)   enter any change in the name, address […]

Section 57 – Trade Marks Act, 1999

Power to cancel or vary registration and to rectify the register (1) On application made in the prescribed manner to the [High Court] or to the Registrar by any person aggrieved, the [Registrar or the High Court, as the case may be,] may make such order as it may think fit for cancelling or varying the registration of a

Section 56 – Trade Marks Act, 1999

Use of trade mark for export trade and use when form of trade connection changes (1) The application in India of trade mark to goods to be exported from India or in relation to services for use outside India and any other act done in India in relation to goods to be so exported or

Section 55 – Trade Marks Act, 1999

Use of one of associated or substantially identical trade marks equivalent to use of another (1) Where under the provisions of this Act, use of a registered trade mark is required to be proved for any purpose, the [Registrar or the High Court, as the case may be,] may, if and, so far as it shall think right,

Section 54 – Trade Marks Act, 1999

Registered user not to have right of assignment or transmission Nothing in this Act shall confer on a registered user of a trade mark any assignable or transmissible right to the use thereof. Explanation I.—The right of a registered user of a trade mark shall not be deemed to have been assigned or transmitted within

Section 53 – Trade Marks Act, 1999

No right of permitted user to take proceeding against infringement A person referred to in sub-clause (ii) of clause (r) of sub-section (1) of section 2 shall have no right to institute any proceeding for any infringement.

Section 52 – Trade Marks Act, 1999

Right of registered user to take proceedings against infringement (1) Subject to any agreement subsisting between the parties, a registered user may institute proceedings for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case

Section 51 – Trade Marks Act, 1999

Power of Registrar to call for information relating to agreement in respect of registered users (1) The Registrar may, at any time during the continuance of the registration of the registered user, by notice in writing, require the registered proprietor to confirm to him within one month that the agreement filed under clause (a) of

Section 50 – Trade Marks Act, 1999

Power of Registrar for variation or cancellation of registration as registered user.  (1) Without prejudice to the provisions of section 57, the registration of a person as registered user— (a)   may be varied by the Registrar as regards the goods or services in respect of which it has effect on the application in writing

Section 49 – Trade Marks Act, 1999

Registration as registered user (1) Where it is proposed that a person should be registered as a registered user of a trade mark, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in the prescribed manner, and every such application shall be accompanied by— (a)   the agreement