Section 57 Trade Marks Act 1999 deals with POWER TO CANCEL OR VARY registration and to RECTIFY the register. An application may be made by:
Answer & Solution
Correct answer: A.
1. Section 57(1) Trade Marks Act 1999: 'On application made in the prescribed manner to the High Court or to the Registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.'
2. Section 57(2): such application may also be made for: (a) the omission from the register of any entry; (b) any entry made in the register without sufficient cause; (c) any entry wrongly remaining on the register; (d) any error or defect in any entry in the register.
3. The Tribunals Reforms Act, 2021 abolished the IPAB; rectification jurisdiction now lies with the High Court directly under Section 57.
4. Hence option B is correct.
_Source: Patents Act 1970 / Copyright Act 1957 / Trade Marks Act 1999 (Bare Acts, IPIndia portal + Copyright Office) — Trade Marks Act 1999, Section 57 (as amended by Tribunals Reforms Act 2021)_
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