Sections 77-78 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 77 is the removal provision for certification trade marks. A person aggrieved can ask for the register entry to be expunged or varied, or for the regulations to be varied, on four stated grounds, all tied to the certifier's competence, compliance and the public advantage. Section 78 states the exclusive right that registration gives, and its limits. If you want a certification mark cleared from the register, or need to defend a scheme against such an application, our trademark rectification and removal team can assess the grounds and prepare the application or reply.
On the application of any person aggrieved, and after giving the proprietor an opportunity of opposing, an order may be made expunging or varying an entry relating to a certification trade mark, or varying the regulations, on one of four grounds: the proprietor is no longer competent to certify; the proprietor has failed to observe the regulations; it is no longer to the public advantage that the mark remain registered; or it is requisite for the public advantage that the regulations be varied (section 77). Registration, if valid, gives the proprietor the exclusive right to use the mark for those goods or services, subject to sections 34, 35 and 76 and to any conditions or limitations of the registration (section 78).
Section 77: cancelling or varying
Who decides and on whose application
Section 77 opens: "The Registrar may, on the application in the prescribed manner of any person aggrieved and after giving the proprietor an opportunity of opposing the application, make such order as he thinks fit". The authority is therefore the Registrar. The Trade Marks Rules, 2017 as notified, in rule 140, provide that an application for cancellation or variation of the registration of a certification trade mark on any of the grounds in section 77 is made in Form TM-O and that rules 97 to 100 apply to the further proceedings. The 2021 Tribunals Reforms Act's list of amended sections does not include section 77, so the Registrar remains the authority.
What can be ordered
After giving the proprietor an opportunity of opposing the application, an order may be made "as he thinks fit for expunging or varying any entry in the register relating to a certification trade mark, or for varying the regulations". So there are three possible results:
- Expunging the entry, which removes the registration.
- Varying the entry, for example narrowing what the mark covers.
- Varying the regulations governing use, without touching the registration.
The four grounds
| Ground | Text | What it targets |
|---|---|---|
| (a) | The proprietor is no longer competent, for any of the goods or services in respect of which the mark is registered, to certify those goods or services | The certifier's ability: expertise, testing, resources |
| (b) | The proprietor has failed to observe any provision of the regulations to be observed on his part | The certifier's conduct |
| (c) | It is no longer to the public advantage that the mark should remain registered | The scheme no longer serves the public |
| (d) | It is requisite for the public advantage that, if the mark remains registered, the regulations should be varied | The scheme needs to change |
Grounds (a) and (c) lead naturally to expunging or varying the entry. Ground (d) leads to varying the regulations. Ground (b) can lead to any of them, depending on the order.
These mirror the matters the Registrar considered at the start under section 72: competence, regulations and public advantage. See Sections 71-72. The ordinary non-use ground in section 47 does not apply to certification marks, since section 69 excludes it; section 77 is the route for them. See Sections 69-70.
Procedure under the Rules
Under rule 140 the application is in Form TM-O and "shall set forth particulars of the grounds on which the application is made". Rules 97 to 100 then apply with the necessary changes: a statement of the applicant's interest, the facts and the relief sought; copies to the proprietor and any registered users; a counterstatement from the proprietor within two months of receipt, with a limited extension; and the rules on intervention by third parties and on the Registrar's own-motion notice. The fee is in the First Schedule; no amount is given here. Check the Rules as currently amended.
The general rectification power in section 57 is also available for wrongly registered or defective entries, but section 77 supplies grounds specific to certification marks.
Section 78: rights conferred by registration
Sub-section (1): the exclusive right
"Subject to the provisions of Sections 34, 35 and 76, the registration of a person as a proprietor of certification trade mark in respect of any goods or services shall, if valid, give to that person the exclusive right to the use of the mark in relation to those goods or services."
| Element | Meaning |
|---|---|
| Right | The exclusive right to the use of the mark in relation to those goods or services |
| Condition | If valid: the right depends on the validity of the registration |
| Subject to | Section 34 (saving for vested rights of prior user), section 35 (use of own name and similar) and section 76 (acts not constituting infringement) |
This is the certification-mark counterpart of section 28 for ordinary marks, which section 69 excludes. See Section 28, Section 34 and Sections 75-76. Section 75 is the infringement section that protects this right.
Sub-section (2): conditions and limitations
"The exclusive right to the use of a certification mark given under sub-section (1) shall be subject to any conditions and limitations to which the registration is subject."
If the register shows limits, for example on territory or goods, the exclusive right is limited accordingly. The right is also "exclusive" in a particular sense: only the proprietor and authorised persons under the regulations may use the mark, as section 75 shows.
Example. The Eastern Tea Assurance Trust holds a certification mark for tea. Over time it stops testing, ignores its own regulations on sampling, and its labs are closed. A tea exporter, aggrieved because its competitors rely on the mark in marketing, applies in Form TM-O under section 77 on grounds (a) and (b): the Trust is no longer competent to certify and has failed to observe the regulations. The Trust is given an opportunity of opposing. If the claim is made out, the entry can be expunged. Until then, the Trust's registration, if valid, gives it the exclusive right under section 78, subject to sections 34, 35 and 76.
Practical points
- Keep the certification scheme running. Competence and observance of the regulations are the first two grounds.
- Review the regulations regularly. Ground (d) allows variation where the public advantage requires it.
- Document testing and authorisations so you can answer a section 77 application.
- Know your exceptions. Section 78 is subject to sections 34, 35 and 76.
- Remember validity. The exclusive right arises "if valid".
Need help with a certification mark challenge?
Section 77 turns on the certifier's competence, compliance and the public advantage, and the evidence is technical. Our trademark rectification and removal team can prepare or answer the application and appear at the hearing.
Key takeaways
- Any person aggrieved may apply to expunge or vary a certification mark entry, or vary its regulations, after the proprietor has had an opportunity of opposing.
- The four grounds are loss of competence, failure to observe the regulations, the mark no longer being to the public advantage, and the need to vary the regulations for the public advantage.
- Rule 140 names Form TM-O and applies rules 97 to 100.
- Registration, if valid, gives the exclusive right to use the mark, subject to sections 34, 35 and 76.
- The exclusive right is subject to any conditions and limitations on the register.
Read next
- Sections 75-76: infringement of certification trade marks and exceptions
- Sections 73-74: opposition and regulations for certification marks
- Section 57: cancellation, variation and rectification of the register
- Certification trade marks under the Act
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.