Trademark Rectification
Correct the register or seek removal of a mark that was wrongly entered or has fallen out of use.
Rectification is the process of correcting the register — removing a mark that should not be there, or amending an entry that is wrong. It is the remedy where a mark was registered in error, has fallen out of use, or where your own registration contains a mistake.
It runs both ways. You may be seeking removal of someone else’s mark that blocks yours, or defending your own registration against a removal application brought by a competitor.
Choose a package
Basic
₹2,754 plus GST
- Prepared by an attorney
- Filing on IPINDIA
- Attorney Change
Standard
₹5,604 plus GST
- Prepared by an attorney
- Filing on IPINDIA
- Attorney Change
- Rectification Filed
Grounds for removal
- The mark was registered without any bona fide intention to use it, and has not been used
- The mark has not been used for a continuous period of five years and three months
- The registration was obtained by fraud or misrepresentation
- The mark wrongly remains on the register in contravention of the Act
- The entry contains an error or omission in the particulars recorded
- A condition of registration has been breached
The non-use ground in practice
This is the most commonly used ground. A registered mark that has not been used in India for a continuous period of five years and three months from the date of registration is vulnerable to removal on the application of an aggrieved person.
The registered proprietor can defend by showing genuine use during the period, or by establishing special circumstances in the trade that excused non-use. Token use created after the application is filed carries little weight.
Why applicants use it
The commonest commercial reason is a blocking citation. Your application is objected to on the basis of an earlier mark that the proprietor is not actually using, and removing that mark clears the path.
It is a slower route than negotiating consent from the proprietor, so it is worth exploring a co-existence arrangement first. Rectification is the remedy when that fails.
How we handle it
- 1 Assessing the ground We establish which ground applies and whether the evidence available realistically supports it.
- 2 Investigating use For a non-use application, we investigate whether the mark is in fact being used, since the proprietor will defend on that.
- 3 Considering alternatives Where consent or a co-existence agreement would clear your path faster, we raise it before filing.
- 4 Filing the application The rectification application is filed with the statement of case and supporting evidence.
- 5 Pleadings and evidence The proprietor files a counter-statement and both sides file evidence by affidavit.
- 6 Hearing and order An attorney appears at the hearing and the registrar decides whether to remove or amend the entry.
Frequently asked questions
On what basis can a mark be removed for non-use?
Where it has not been used in India for a continuous period of five years and three months from registration, on the application of an aggrieved person. The proprietor may defend by proving genuine use or special circumstances.
Who can apply?
Any person aggrieved. In practice that usually means someone whose own application has been objected to on the basis of the registered mark.
Is it quicker to negotiate with the proprietor?
Usually, yes. A consent or co-existence agreement can clear your path in weeks where rectification takes years, so it is worth attempting first.
Can my own registration be attacked this way?
Yes. If you are not using a registered mark, a competitor can apply to remove it. Keeping evidence of continuous use is the practical defence.
What is the difference between rectification and opposition?
Opposition challenges a mark before it is registered, within four months of publication. Rectification challenges a mark already on the register, and can be brought at any time on the available grounds.
What is not included. Government fees, statutory charges, stamp duty, court and registry fees, digital signature costs and any third-party professional charges are separate and payable at actuals. GST applies on professional fees where indicated. Prices shown are indicative and may change without notice; we confirm the total in writing before any work begins — see our terms on pricing.
Talk to us about Trademark Rectification
Share your requirement and our team will confirm the documents needed, the exact charges and a realistic timeline — usually the same working day.
- Expert document checking before submission
- Regular status updates on WhatsApp
- Transparent professional charges
- Assistance in Marathi & English
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