August 22, 2025 by Amit Kumar
A trademark once registered does not remain immune from challenge. The Trade Marks Act, 1999 provides mechanisms to cancel, vary, or rectify entries in the Register of Trade Marks if they are wrongly made or wrongly remaining on the register.
This process, called Rectification of Trademark, ensures that the Register reflects only valid, bona fide, and enforceable trademarks. Businesses, startups, and even third parties can invoke rectification in specific situations to protect their brand identity or to clear the register from clutter.
Non-use of Trademark (Section 47):
Trademark has not been used for a continuous period of 5 years and 3 months after registration.
Trademark was registered without bona fide intent to use.
Contravention or Failure to Observe a Condition:
If the registered proprietor violates conditions entered at the time of registration.
Error or Omission in Register (Section 57):
Wrong entry, clerical error, or omission that affects legal clarity.
Contrary to Law:
Trademark wrongly registered despite being prohibited under Section 9 (absolute grounds) or Section 11 (relative grounds).
Similar or Deceptively Confusing Marks:
A mark that creates confusion with earlier registered marks.
Aggrieved Parties: Any person whose interests are affected, e.g., a competitor, prior user, or even a consumer group.
Registered Proprietor: May also file for rectification to correct errors in details like name, address, description of goods/services.
File Form TM-O with the Trade Marks Registry.
Mention grounds, sections invoked, and supporting documents.
Pay prescribed fee.
The Registrar serves notice of rectification application to the registered proprietor of the trademark.
The trademark owner must file a counter-statement within 2 months of receipt.
Failure to file may result in ex parte rectification.
Oral hearing before the Registrar/Trademark Officer.
Both parties present legal submissions and documentary evidence.
Registrar may remove, cancel, or vary the registration.
Order is published in the Trademark Journal.
| Application Type | E-Filing Fee | Physical Filing Fee | Form |
|---|---|---|---|
| Rectification / Cancellation | ₹2,700 per mark per class | ₹3,000 per mark per class | TM-O |
Business Note: Additional costs include attorney drafting, evidence preparation, and hearing representation, which may range from ₹25,000 – ₹75,000 depending on case complexity.
Filing of Petition: Immediate (once error/grounds identified).
Counter-Statement: 2 months.
Evidence Stages: 2 months.
Hearing & Order: 1–2 years depending on registry backlog.
Total Duration: Typically 1–2 years.
For Owner: Ensures that wrongly registered marks don’t block your brand. Helps maintain a clean and enforceable trademark portfolio.
For Investors: A trademark under rectification proceedings may affect valuation; hence due diligence is crucial.
For Competitors: A defensive strategy to clear clutter and ensure fair competition.
Suppose a competitor registers “SUNLITE” for clothing under Class 25, but has never used it for more than 5 years.
You, as a new entrant in the apparel sector, can file rectification under Section 47 for non-use.
If successful, the mark is removed, clearing the path for your new application.
Trademark rectification is a corrective tool to ensure that the Register reflects only valid and enforceable trademarks. It is not only a remedy for aggrieved parties but also an important compliance step for proprietors themselves.
Key Takeaway: File timely, maintain genuine use records, and monitor the register to avoid being at the receiving end of rectification.
Q1. Can I rectify a trademark registered 15 years ago?
Yes, if it has not been used for a continuous period of 5 years and 3 months, or if other grounds apply.
Q2. What happens if rectification is allowed?
The trademark is removed or corrected, and the Register is updated accordingly.
Q3. Can rectification be filed against a well-known mark?
Yes, but it is difficult. Well-known marks enjoy special protection and are less vulnerable unless clearly unused or wrongly registered.
Q4. Is rectification same as opposition?
No. Opposition is pre-registration (during journal publication), rectification is post-registration (after entry is made).
Q5. Can I correct my own details via rectification?
Yes, rectification can also be initiated by the proprietor to correct clerical errors, change of name, or address.