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Trademark Rectification Online | Process, Grounds, Documents, Compliance Checklist
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Trademark rectification online made simple. Step-by-step process, grounds, required documents, compliance checklist, and expert support for correcting or removing registered trademarks.
Trademark Rectification Online
Correct errors, update details, or challenge wrongly registered trademarks through a seamless, fully managed rectification process. Our expert team handles every step—from application drafting to legal representation—ensuring your trademark rights and records remain accurate and protected.
What is Trademark Rectification?
Trademark rectification is the legal process to correct, update, or remove errors, omissions, or wrongful entries in the trademark register. This process is available to trademark owners who wish to amend their own registrations, as well as to aggrieved parties seeking cancellation or variation of another’s trademark registration on valid legal grounds.
Who Can File for Trademark Rectification?
Trademark owners needing to correct errors, update information, or amend the registered mark (such as color, spelling, or class).
Aggrieved parties whose business interests are affected by a wrongly registered trademark, non-use, or fraudulent registration.
Registrar or Appellate Board may also initiate rectification proceedings in certain cases.
Common Grounds for Trademark Rectification
| Ground for Rectification | Description |
|---|---|
| Contravention or failure to observe conditions | Violation of conditions attached to the trademark registration (Section 57(1)) |
| Absence or omission in the register | Missing disclaimers, conditions, or limitations that should have been entered (Section 57(2)) |
| Entry made without sufficient cause | Registration obtained by fraud, misrepresentation, or similarity to an existing mark (57(2)) |
| Error or defect in the register | Clerical, typographical, or factual errors in the trademark entry (Section 57(2)) |
| Non-use of trademark | Mark not used for five years and three months, making it liable for removal |
| Not renewed within due time | Trademark not renewed as required, making it subject to cancellation |
| Wrongful entry remaining on register | Trademark continues to be registered despite not meeting legal requirements |
| Inclusion of unrelated goods/services | Mark registered for goods/services beyond its actual scope |
When is Trademark Rectification Necessary?
Correction of errors in the trademark application or registration (e.g., name, address, class, design, color).
Change in business information or ownership.
Removal of a mark that has not been used for over five years and three months.
Cancellation of a trademark registered by fraud, misrepresentation, or without sufficient cause.
Rectification of entries made or remaining on the register wrongly or without legal basis.
Step-by-Step Trademark Rectification Process
1. Draft the Rectification Application
Identify the specific error, omission, or ground for rectification.
Prepare a detailed statement of case, including facts, grounds, and relief sought.
2. File the Application
Submit the rectification application in the prescribed form (typically Form TM-O or TM-26) to the appropriate Trademark Registry or Appellate Board.
Pay the required government fees.
3. Submit Supporting Documents
Attach all relevant documents such as trademark registration certificate, evidence of error or non-use, affidavits, and power of attorney (if filed by an agent).
4. Notice and Counterstatement
The Registrar notifies the registered proprietor or concerned parties.
The proprietor must file a counterstatement within two months; otherwise, the application may proceed ex parte.
5. Evidence and Hearing
Both parties may submit affidavits and supporting evidence.
The Registrar or Appellate Board may hold a hearing to review the case.
6. Final Order
After considering all submissions, the Registrar or Board issues an order for rectification, cancellation, or correction as appropriate.
The register is updated accordingly, and notice of rectification is served to all parties.
Required Documents for Trademark Rectification
| Document Type | Details/Description |
|---|---|
| Rectification Application (Form TM-O/TM-26) | Duly filled with grounds and statement of case |
| Trademark Registration Certificate | Copy of the certificate for the trademark in question |
| Proof of Error/Non-use | Evidence supporting the rectification or cancellation request |
| Affidavits | Sworn statements from applicant or witnesses |
| Power of Attorney | If filed by an attorney or agent |
| Identity and Address Proof | Of applicant or aggrieved party |
| Other Supporting Documents | Any additional evidence required by the Registrar |
Trademark Rectification Compliance Checklist
| Step/Requirement | Description |
|---|---|
| Grounds Assessment | Verify valid grounds for rectification or cancellation |
| Application Drafting | Prepare detailed application and statement of case |
| Document Submission | Attach all required documents and evidence |
| Fee Payment | Pay prescribed government fees |
| Counterstatement Handling | Respond to or review counterstatements as required |
| Evidence Submission | File affidavits and supporting documents |
| Hearing Preparation | Prepare for Registrar/Appellate Board hearing if scheduled |
| Final Order Compliance | Ensure compliance with the Registrar’s or Board’s rectification order |
Frequently Asked Questions (FAQs) – Trademark Rectification Online
Who can file for trademark rectification?
Trademark owners, aggrieved parties, or the Registrar/Appellate Board can initiate rectification proceedings.
What are the main grounds for rectification?
Contravention of conditions, errors or omissions, non-use, wrongful entry, fraud, or registration without sufficient cause.
Which form is used for trademark rectification?
Form TM-O or TM-26 is typically used, depending on the nature of rectification.
Where is the application filed?
At the Trademark Registry where the original trademark was registered or before the Appellate Board, depending on the case.
What happens if the proprietor does not respond?
If the registered proprietor fails to file a counterstatement, the matter may proceed ex parte and rectification may be ordered.
Can rectification lead to cancellation of a trademark?
Yes, if the grounds are established, rectification can result in removal or cancellation of the registered trademark.
Get Started with Trademark Rectification Online
Contact us today for expert assistance in filing or defending a trademark rectification. Experience a hassle-free, secure, and fully compliant process—so your trademark records remain accurate and your rights are protected.
Let our professionals handle your trademark rectification so you can focus on your business and brand protection.
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