Trademark Rectification

Trademark Rectification in India – Complete Guide

What is Trademark Rectification?

Trademark Rectification is the legal process to correct or remove an error or wrong entry in the Trademark Register, or to cancel a wrongly registered trademark.

It is governed by Sections 57 to 60 of the Trademarks Act, 1999.

Who Can File a Rectification?

• The aggrieved party (e.g., a competitor, prior user)

• The registered proprietor (to correct errors in their own trademark)

• A third party affected by the presence of the mark in the register

Documents Required for Trademark Rectification:

1. Trademark registration number (of the disputed mark)

2. Grounds for rectification or cancellation

3. Proof of earlier usage or conflicting mark (if applicable)

4. Evidence of non-use (if applicable)

5. Power of Attorney (if filed by agent/attorney)

6. Supporting documents (invoices, advertisements, website, etc.)

Trademark Rectification Process:

File Rectification Application (Form TM-O)

• File with the appropriate Trademark Registry (where the mark is registered)

• Clearly mention the grounds and relief sought (correction or cancellation)

• Attach all necessary documents and evidence

Notice to the Registered Proprietor

• The Trademark Office sends a copy of the application to the registered owner of the mark.

Counter-Statement by Owner

• The owner must file a counter within 2 months

• If not, rectification may proceed ex-parte

Evidence Submission & Hearing

• Both parties may file affidavits and evidence

• Hearing is scheduled to allow oral arguments

Registrar’s Decision

• Based on evidence and arguments, the Registrar may:
  Remove or cancel the mark
  Correct the details in the register
  Reject the rectification petition

Time Duration:

• Rectification cases usually take 6 to 18 months, depending on complexity and opposition.

Where to File a Rectification Petition?

• At the Trademark Registry (Mumbai, Delhi, Kolkata, Chennai, or Ahmedabad)

• If litigation is involved, it may be filed before the High Court or IP Division

Why Choose SSA TAX for Trademark Rectification Services?

We provide:

• Legal analysis of the existing trademark

• Drafting and filing of rectification/cancellation petition

• Gathering and presenting evidence of non-use or conflict

• Trademark hearing representation

• Post-order compliance and registry updates

Facing Conflict with a Wrongfully Registered Trademark?

Let SSA TAX assist you in rectifying or removing the mark through a professional and legally sound approach.

Call or WhatsApp us now to file your Trademark Rectification Petition!