Sections 97-98 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.
Two sections that once dealt with the Appellate Board now deal with the High Court. Section 97 says in what form a rectification application is made and how the Registrar gives effect to the High Court's order. Section 98 gives the Registrar the right to appear and be heard in certain proceedings, and to file a written statement instead.
Section 97: an application for rectification of the register made to the High Court under section 57 shall be in the prescribed form; and a certified copy of every order or judgment relating to a registered trade mark is communicated to the Registrar, who gives effect to it and amends the entries or rectifies the register as directed. Section 98: the Registrar has the right to appear and be heard in proceedings in which relief includes alteration or rectification of the register or a question on the practice of the Registry, and in certain appeals on applications for registration; he shall appear if the High Court directs, and may instead file a signed written statement, which is evidence in the proceeding.
The 2021 change in wording
Sections 97 and 98, as enacted, say "Appellate Board" (and, in places, "Board"). The Tribunals Reforms Act, 2021 amended both. In section 97, "Appellate Board" is replaced by "High Court" wherever it occurs (section 21, clause (o)). In section 98, "Appellate Board" or "Board" is replaced by "High Court" wherever it occurs (clause (p)). Before the Tribunals Reforms Act, 2021 these read "Appellate Board" and "Board". The articles on Sections 83-100 and Section 91 cover the wider change.
One small drafting point should be noted. Clause (o) for section 97 names only the words "Appellate Board". Section 97(2), as enacted, reads "A certified copy of every order or judgement of the Appellate Board relating to a registered trade mark under this Act shall be communicated to the Registrar by the Board and the Registrar shall give effect to the order of the Board", so the word "Board" stands on its own twice after "Appellate Board". Clause (p) for section 98 covers "Board" expressly; clause (o) does not. The sense is plainly that the High Court's order is what the Registrar acts on, and sub-section (2) is read that way below, with the High Court in square brackets.
Section 97: rectification applications and the Registrar's duty to act
Sub-section (1): the form
"An application for rectification of the register made to the under Section 57 shall be in such form as may be prescribed."
Section 57 allows a person aggrieved to apply to the High Court or to the Registrar. Section 97(1) deals with the first route. Under section 2(1)(s), as substituted by the 2021 Act, "prescribed" means, in relation to proceedings before a High Court, prescribed by rules made by the High Court. The form for a High Court application is therefore a matter for that court's rules; this article states no form number or fee. For the Registrar route, the Trade Marks Rules, 2017 as notified name Form TM-O for applications under sections 47, 57, 68 and 77. See Section 57.
If you need to bring or answer a rectification application, our trademark rectification and removal team can assess the forum and prepare the papers.
Sub-section (2): giving effect to the order
"A certified copy of every order or judgment of the relating to a registered trade mark under this Act shall be communicated to the Registrar by the and the Registrar shall give effect to the order of the and shall, when so directed, amend the entries in, or rectify, the register in accordance with such order."
| Step | Text |
|---|---|
| 1 | Every order or judgment relating to a registered trade mark under the Act |
| 2 | A certified copy is communicated to the Registrar |
| 3 | The Registrar gives effect to the order |
| 4 | When so directed, he amends the entries or rectifies the register in accordance with the order |
This is wider than rectification alone. It covers "every order or judgment of the High Court relating to a registered trade mark under this Act", including appeals under section 91. Section 57(5) separately provides that an order of the High Court rectifying the register shall direct that notice of the rectification be served upon the Registrar, who rectifies the register accordingly. The two provisions work together: the order directs notice (section 57(5)), and a certified copy is communicated to the Registrar (section 97(2)). The Registrar's role is to implement what the court has ordered.
For what the register is and what entries are made in it, see Section 6.
Section 98: the Registrar's right to appear
Sub-section (1): when the Registrar may appear
"The Registrar shall have the right to appear and be heard—"
| Clause | Proceedings |
|---|---|
| (a) | In any legal proceedings before the High Court in which the relief sought includes alteration or rectification of the register, or in which any question relating to the practice of the Trade Marks Registry is raised |
| (b)(i) | In any appeal to the High Court from an order of the Registrar on an application for registration of a trade mark which is not opposed, and the application is refused by the Registrar or accepted subject to amendments, modifications, conditions or limitations |
| (b)(ii) | In any such appeal where the application has been opposed and the Registrar considers that his appearance is necessary in the public interest |
The sub-section ends: "and the Registrar shall appear in any case if so directed by the ." So the right is, in some cases, a duty: if the High Court directs, he must appear.
Clause (b) tells you something about section 91 appeals. In an unopposed application, the Registrar is the only other side, which is why he has a right to be heard if his order is challenged. In an opposed matter, the opposing party is there, and the Registrar appears only if he thinks the public interest requires it, or if the court so directs.
Sub-section (2): a written statement in place of appearance
"Unless the otherwise directs, the Registrar may, in lieu of appearing, submit a statement in writing signed by him, giving such particulars as he thinks proper of the proceedings before him relating to the matter in issue or of the grounds of any decision given by him affecting it, or of the practice of the Trade Marks Registry in like cases, or of other matters relevant to the issues and within his knowledge as Registrar, and such statement shall be evidence in the proceeding."
Key points:
- It is the Registrar's choice, unless the High Court directs otherwise.
- The statement is signed by him.
- Its content is for him to judge ("such particulars as he thinks proper") and may cover the earlier proceedings, grounds of the decision, Registry practice and other relevant matters within his knowledge.
- It is evidence in the proceeding.
For the Registrar and the Registry offices, see Sections 3-5. Section 98(2) itself speaks of a statement "signed by him" and says nothing about a statement signed by another officer.
Example. Verma Hospitality's application for "Anjali Residency" was accepted by the Registrar subject to a limitation on the goods and services. Verma is unhappy and appeals to the High Court under section 91. The application was not opposed. Under section 98(1)(b)(i), the Registrar has a right to appear and be heard in that appeal. He chooses instead to submit a signed written statement setting out the grounds of his decision and Registry practice in like cases. Unless the High Court directs otherwise, section 98(2) allows this and makes the statement evidence in the proceeding. If the High Court directs him to appear, he must.
Practical points
- Expect the Registrar to be heard in appeals from unopposed refusals or conditional acceptances.
- Read the Registrar's statement carefully; it is evidence.
- Do not forget implementation. After a favourable order, check that the certified copy has reached the Registrar and the register is amended.
- Confirm the High Court's rules for the form of a rectification application.
- Choose the forum with care. Section 57 allows the High Court or the Registrar.
Need help with a rectification application?
Whether the matter is in the High Court or before the Registrar, the steps after an order matter as much as the order. Our trademark rectification and removal team can prepare the application, follow it to an order and check that the register is amended.
Key takeaways
- A rectification application to the High Court under section 57 must be in the prescribed form; for High Court proceedings, "prescribed" means prescribed by the High Court's rules.
- A certified copy of every High Court order or judgment relating to a registered trade mark is communicated to the Registrar, who gives effect to it and amends or rectifies the register as directed.
- The Registrar has a right to appear and be heard in rectification proceedings and in certain appeals, and must appear if the High Court directs.
- He may instead file a signed written statement, which is evidence in the proceeding, unless the High Court otherwise directs.
- "Appellate Board" and "Board" became "High Court" under the Tribunals Reforms Act, 2021.
Read next
- Section 91: appeals to the High Court
- Section 57: cancellation, variation and rectification of the register
- Section 125: rectification application to be made to the High Court
- Rectification and removal of a trademark from the register
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.