Trademark Rectification, registered trademark, reasons for Trademark Rectification, procedure of Trademark Rectification, Ebizfiling

All you need to know about Trademark Rectifiation

Introduction

A trademark is a distinctive symbol or logo used to separate one product from another. The owner must register the trademark according to the Trademark Act and Rules’ requirements to ensure that it is unique and exclusive. The Act permits a procedure of trademark rectification in cases where a trademark has been incorrectly registered or has continued to be incorrectly listed. Anyone who wishes to alter or cancel their trademark may request Trademark Rectification.

What is Trademark Rectification?

Trademark rectification is the procedure by which a person requests to have a registered trademark removed from the Register of Trademarks. According to Section 57 of the Trademark Act 1999, any person who is bothered by such an entry in the trademark register may submit an application for the trademark’s rectification.

What are the reasons for Trademark Rectification?

Following is a classification of the reasons for trademark rectification:

  • Errors in the Application form, such as providing the incorrect address or contact information.
  • Incorrect information on the trademark’s class, description, classification, and design.
  • Incorrect information was submitted at the time of registration.
  • Updating application information, such as changing the applicant or the address.
  • Removal of the trademark after five years and three months of non-use.
  • Any further grounds that the Registrar has approved and prescribed.
  • The registrar may also issue an order for rectification in case an aggrieved party applies for rectification or removal.

How Can You Request Rectification?

There are three different types of application processes for rectification:

  • Correction or cancellation requested by the trademark proprietor – Submit the form “TM-16” along with the required payments.
  • Rectification or cancellation initiated by the registrar – Form “TM- M” and applicable fees.
  • Rectification or cancellation initiated by any aggrieved party – Form “TM-26” and applicable fees.

What is the procedure for Trademark Rectification?

The procedure of trademark rectification remains the same whether it is initiated by the TM Holder/owner or by the registrar. The steps are as follows:

  1. Submission of documents: The Trademark Holder must submit the relevant application(s), the necessary alterations, and the necessary documents (based on the required alteration), such as identification or address proofs.

  1. Drafting the application: The applicant must next completely fill out the application form.

  1. Form submission: The form must then be submitted to the Registrar along with the required fees.

  1. Governmental approval: The final stage is Registrar approval, followed by any necessary register modifications. The following steps must be followed when an aggrieved party requests rectification: –

  • After the fee submission, the trademark owner will receive notification from the registrar to submit a counter statement.
  • Both parties will then be required to submit affidavits containing supporting documentation.
  • After hearing both sides’ arguments, the Registrar or the Appellate Board may choose to change, add, or remove the entry as a result of rectification.

Conclusion

A trademark correction or cancellation application can be filed with the Trademark Registry in the relevant trademark jurisdiction. To avoid rectification or cancellation of a trademark in India, a registered proprietor must renew their mark on a regular basis, they should keep the distinctiveness of the mark and prevent it from being misleading. Not using the mark for more than five years and three months from the date of registration can lead the Trademark Rectification.

Trademark Rectification in India

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What is Trademark Rectification?  

Trademark Rectification is the process of correcting or updating errors in an already registered trademark with the Indian Trademark Registry. It ensures that the trademark details are accurate and legally valid. This process is carried out under the Trade Marks Act, 1999.

Common reasons for rectification include:

  • Wrong details of the trademark owner

  • Incorrect or misleading information in the application

  • Non-use of the trademark for a long period

  • Clerical or typographical mistakes in the trademark certificate

For a business owner, rectification is important because even a small error can affect your legal rights over the trademark.

Trademark Rectification

When is Trademark Rectification Required?  

  • Clerical Errors – If spelling mistakes or incorrect entries exist in the trademark certificate.

  • Change in Ownership – When ownership details of the mark are outdated or wrong.

  • Wrongly Registered Trademark – If a trademark was registered against the rules or by mistake.

  • Non-Use of Trademark – If the registered mark has not been used for more than 5 years.

  • Any Contradiction in Details – If any detail provided does not match official records.

Why Choose EbizFiling for Trademark Rectification in India?  

At EbizFiling, we offer complete support for Trademark Registration, Trademark Objection filing, Trademark Renewals, Trademark Assignment, Trademark withdrawal services.

We have successfully assisted thousands of businesses in filing and managing their trademark compliances. Whether you need to fix small clerical errors or rectify ownership details, our experts handle the process smoothly so you can focus on growing your business.

You may get in touch with our compliance manager on 09643203209 or email info@ebizfiling.com for free consultation.

Trademark Rectification Fees

Choose Your Package

ESSENTIAL

2499/-

(All Inclusive)

  • Filing of form TM-M

Grounds for filing an application for trademark rectification or cancellation  

Points to make your decision easy   

Misreporting

Registration was improperly obtained by concealing important facts or providing false information during the application process

Wrongly Recorded

The trademark was incorrectly placed on the register, violating legal provisions or causing public confusion with other marks.

Amendment

Modifications to the trademark were made that go against recent legal changes or established regulations within the Act.

Non-use

The registered trademark was not used commercially by its owner for a continuous period exceeding five years.

Non-renewal

The original or previous registration of the trademark was not renewed as legally required, causing it to lapse.

Fraud

The registration was deliberately acquired through deceitful actions, such as intentionally hiding crucial and relevant information.

Over-extension

The scope of the registration was unlawfully expanded to include goods or services beyond the owner’s actual business.

Non-conformity

The trademark fails to meet the legal requirements and mandatory grounds for registration specified in the Trade Marks Act

Documents Required for Trademark Rectification  

  • An application is to be made in triplicate on the requisite form

  • A statement of case

  • Identity proof

  • Address proof

 Trademark Rectification-Process Flow

5 Easy Steps

1

Fill in the simple checklist

2

Submission of documents

3

Drafting the application

4

Filing of the form

5

Rectification Approved

Fill in simple checklist

Name-Approval

Our Compliance Manager will get in touch with you to obtain your documents along with simple checklist. You need to fill up the checklist & submit along with documents for processing. Our expert team will verify documents & proceed with the Trademark Rectification.

Filing of the forms

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We will then submit the relevant application(s) along with the alterations required and relevant documents. After that we will prepare and fill all the relevant forms with all the details. The next step is to file the form with the Trademark Registrar along with the prescribed fees.

Rectification Approved

Name-Approval-1

Once we have filed all the documents and forms with concerned trademark registrar, He will verify all the information and documents. Upon satisfying the trademark registrar may approve and modify the trademark in the trademark register as required and the process will be completed.

FAQ

FAQs on Trademark Rectification  

Get answers to all your Queries

  • What is trademark rectification?

    It is the process of correcting mistakes or updating details in a registered trademark.

  • When can a trademark be rectified?

    When there are errors in the certificate, wrong ownership details, or if the mark has not been used for 5 years.

  • Who can file for trademark rectification?

    The trademark owner or any aggrieved party can file for rectification.

  • Which form is used for rectification of trademark?

    Form TM-O is used to file an application for trademark rectification in India.

  • What happens after filing for rectification?

    The Registrar reviews the application, may ask for clarifications, and updates the records once approved.

  • Is trademark rectification the same as cancellation?

    No, rectification is for correction of errors, while cancellation removes the trademark completely.

  • Can rectification be filed online?

    Yes, the rectification application can be filed online with the Indian Trademark Registry.

  • How long does the rectification process take?

    It usually takes 6–12 months depending on objections and Registry workload.

  • Is rectification mandatory for clerical errors?

    Yes, any error must be rectified to maintain legal validity of the trademark.

  • Can rectification be filed against wrongly registered trademarks?

    Yes, any person affected by wrongful registration can file for rectification.

  • What if my trademark details are wrong in the Registry?

    You must apply for rectification immediately to correct the records.

  • Is professional help required for rectification?

    It is advisable as the process involves legal drafting and Registry compliance.

  • What if my trademark is not used for 5 years?

    The Registry may allow rectification or even cancellation for non-use.

  • Can a rectified trademark be challenged again?

    Yes, it can be challenged if errors remain or if another party is aggrieved.

  • Do I lose my rights during rectification?

    No, your rights remain valid but must be updated once rectification is approved.

  • Is rectification costly?

    The government fee is minimal, but professional assistance ensures error-free filing.

  • What happens if rectification is rejected?

    You may appeal before the Intellectual Property Appellate Board (IPAB).

  • Is trademark rectification different from renewal?

    Yes, rectification is for correction; renewal is for extending the validity of the mark.

  • Can foreign trademark owners file for rectification in India?

    Yes, foreign owners with registered marks in India can also file rectification.

  • Why is rectification important?

    It protects your legal rights, prevents disputes, and ensures your trademark remains valid and enforceable.

About Ebizfiling -

EbizFiling is a concept that emerged with the progressive and intellectual mindset of like-minded people. It aims at delivering the end-to-end corporate legal services 0f incorporation, compliance, advisory, and management consultancy services to clients in India and abroad in all the best possible ways.
 
To know more about our services and for a free consultation, get in touch with our team on  info@ebizfiling.com or call 9643203209.
 
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Author: team-ebizfiling

Ebizfiling.com is a leading online platform offering end-to-end business compliance solutions for startups, SMEs, and global companies. With a presence across India and international markets including the USA, UK, and Singapore, the company specializes in company/LLP incorporation, ITR and GST filings, legal advisory, and foreign subsidiary formation. Backed by experienced professionals including CAs, CSs, and legal experts, Ebizfiling delivers accurate, timely, and regulation-compliant services trusted by thousands of businesses. The platform aims to simplify complex compliance processes through technology, personalized support, and a deep understanding of Indian and global regulatory frameworks.

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