Trademark Rectification challenge or correct an entry on the Register.

Trademark rectification is the statutory mechanism under Sections 47 and 57 of the Trade Marks Act, 1999 that allows any aggrieved person to apply for cancellation, removal, or correction of an existing entry in the Register of Trade Marks. Unlike opposition — which can only be filed within the 4-month journal window before registration — rectification can be filed at any time during the life of a registered trademark, including after it has been on the Register for years.

The grounds for rectification are broad. Section 47 allows removal of a trademark on the ground of non-use for a continuous period of five years and three months from the date of registration. Section 57 allows rectification on the ground that the entry was made without sufficient cause, has wrongly remained on the Register, or contains an error or defect. Common rectification scenarios include challenging a similar registered mark, removing a non-used mark from the Register to clear the way for a new application, correcting proprietor details, and cancelling registrations obtained through misrepresentation or bad faith.

Our trademark rectification practice handles both prosecuting and defending rectification petitions before the Registrar of Trade Marks and the High Court. We prepare the petition with detailed grounds and supporting evidence, file the application in Form TM-O or Form TM-26 as required, collate evidence affidavits, attend hearings, and represent clients through to final orders. Where the matter requires escalation, we handle appeals and writ petitions before the High Court.