Section 58 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 58 is the housekeeping section. It lets the registered proprietor ask the Registrar to correct errors in the register, record changes in name or address, cancel the entry of a mark, or strike out goods or services. A registered user has a smaller power over its own details. The Registrar can also amend the certificate of registration.
On application in the prescribed manner by the registered proprietor, the Registrar may (a) correct any error in the name, address or description of the proprietor or any other entry relating to the mark, (b) enter any change in the proprietor's name, address or description, (c) cancel the entry of a trade mark, or (d) strike out goods, classes or services. He may amend the certificate of registration and call for it. A registered user may apply, after notice to the proprietor, to correct an error or enter a change in the user's own name, address or description.
Sub-section (1): what the registered proprietor can ask for
Sub-section (1) begins: "The Registrar may, on application made in the prescribed manner by the registered proprietor". It then lists four actions.
| Clause | Action | Typical use |
|---|---|---|
| (a) | Correct any error in the name, address or description of the registered proprietor, or any other entry relating to the trade mark | A typing slip or a wrong entity description in the register |
| (b) | Enter any change in the name, address or description of the person registered as proprietor | A company renamed, an office moved, a proprietorship converted |
| (c) | Cancel the entry of a trade mark on the register | The owner no longer wants the registration |
| (d) | Strike out any goods or classes of goods or services from those for which the mark is registered | Narrowing the specification |
The sub-section ends: the Registrar "may make any consequential amendment or alteration in the certificate of registration, and for that purpose, may require the certificate of registration to be produced to him". So you may be asked to hand in the certificate for it to be changed.
If your company has been renamed, merged or has changed address and the register still shows the old details, our trademark rectification and removal team can prepare the application so that the register matches your current identity.
Clause (a) versus clause (b)
Clause (a) fixes a mistake in the entry. Clause (b) records a change that has happened since. The distinction matters for how the application is described, though the section puts both before the Registrar in the same way. A change in ownership by assignment or transmission is a different thing: it goes through section 45, which registers a new proprietor. A mere change of the same person's name or address goes through section 58. See Section 45.
Clause (c): cancelling the entry
The proprietor can ask for the entry of its own mark to be cancelled. This is a voluntary step by the owner, different from cancellation at the instance of an aggrieved person under section 57 (Section 57). Our guide to cancelling or surrendering a trademark registration looks at the practical side. Before surrendering, think about registered users: the Registrar may cancel registered user entries for goods or services for which the mark is no longer registered, under Section 50(1)(e).
Clause (d): striking out goods or services
A proprietor with a wide specification can strike out goods or classes. It narrows the registration. There is no power in section 58 to add goods; indeed section 60 bars amendments that add goods or services, with a limited proviso. See Sections 59-60. Striking out can be a sensible response to a non-use threat under section 47 for part of the specification, but it is also permanent, so check the commercial plans first.
Sub-section (2): registered users
"The Registrar may, on application made in the prescribed manner by a registered user of a trade mark, and after notice to the registered proprietor, correct any error, or enter any change, in the name, address or description of the registered user."
The registered user's power is narrower. It reaches only the registered user's own name, address or description, and it requires notice to the registered proprietor. The registered user cannot use this sub-section to alter the mark's entry or the goods. See Section 48 on registered users.
Procedure under the Rules
The Trade Marks Rules, 2017 as notified list Form TM-P against section 58 (the Schedule of forms names sections 45, 58, 59 and 60 together with other provisions, and describes the form as a request to amend the details of registered proprietors or registered users, among other things). Rule 101(1) says that a registered proprietor or registered user whose address has changed so that the register entry is incorrect shall forthwith request the Registrar in Form TM-P to alter the address, and the Registrar shall alter the register if satisfied. The rule is addressed to both. The fee is in the First Schedule; no amount is given here. Check the current Rules and form, as they can be amended.
The word "forthwith" is worth noting. The Act itself uses "may" for what the Registrar does, but the Rules oblige the proprietor to act promptly on a change of address, which also matters for receiving Registry notices; a missed notice can cost a mark, for example under section 51 or in an opposition.
How section 58 differs from section 57
| Point | Section 57 | Section 58 |
|---|---|---|
| Who applies | Any person aggrieved | The registered proprietor (and, for own details, a registered user) |
| Forum | Registrar or High Court | Registrar |
| Nature | Contested rectification, cancellation or variation | Correction and housekeeping at the owner's request |
| Notice to others | Notice in the prescribed manner | Notice to the proprietor where a registered user applies |
Example. Iyer Garments Pvt Ltd changes its name to Iyer Apparel Pvt Ltd after a restructuring and moves to a new address. The register still shows the old name. The company applies under section 58(1)(b) to enter the change, and the Registrar may amend the certificate, requiring the old certificate to be produced. Nothing is assigned; the same company continues, under a new name.
Practical points
- Update the register after every name or address change. Do not wait for a renewal.
- Choose section 58 for the same owner, section 45 for a new owner.
- Keep the certificate to hand; the Registrar may require it.
- Think before striking out goods or cancelling. These steps shrink or end the registration.
- Registered users should ask the proprietor to be aware of any correction they file.
Need help correcting the register?
An outdated name or address on the register can cause missed notices and complications at renewal or when enforcing. Our trademark rectification and removal team can prepare the correction request, handle the certificate amendment and follow it through at the Registry.
Key takeaways
- The registered proprietor may ask the Registrar to correct errors, enter changes of name, address or description, cancel the entry of a mark, or strike out goods, classes or services.
- The Registrar may amend the certificate of registration and require it to be produced.
- A registered user may apply, after notice to the proprietor, to correct its own name, address or description.
- A change of the same person's details is section 58; a change of owner is section 45.
- The Rules name Form TM-P and require a change of address to be notified forthwith.
Read next
- Section 57: cancellation, variation and rectification of the register
- Sections 59-60: alteration of registered mark and amended classification
- Section 6: register of trade marks
- How to cancel or surrender a trademark registration
Disclaimer: Based on the Trade Marks Act, 1999 as amended by the Tribunals Reforms Act, 2021 and the Jan Vishwas (Amendment of Provisions) Act, 2023, as consulted on 1 October 2026. Forms, fees and procedure are set by the Trade Marks Rules, 2017 as amended from time to time. This article is general information, not legal advice; check the official text before acting.