Section 57 of the Indian Trade Marks Act, 1999 provides the grounds for trademark rectification in India. The right to file an application for rectification under Section 57 is a statutory right conferred upon a party who is aggrieved by an entry made in the Register.
The grounds as enumerated under Section 57 of the Act are as under:
• Failure to observe a condition entered in the Register in relation to the registration of the mark;
• The Register suffers from the absence or omission of an entry e.g. a disclaimer, a condition or a limitation on the registered mark;
• The entry made in the Register was made without any sufficient cause;
• Error or defect in any entry made in the Register;
• The entered mark was wrongly remaining on the Register i.e. it is contrary to some of the provisions of the Act or is likely to cause confusion amongst the public and trade;
• The renewal fee has not been paid.