Trademark Rectification
- ✔ Corrects errors or mistakes in the trademark register
- ✔ Protects your brand from wrongful or invalid entries
- ✔ Helps restore or amend your trademark details legally
- ✔ Allows removal of wrong or conflicting marks
- ✔ Ensures accurate trademark information for legal protection
- ✔ Prevents misuse or fraudulent changes in the registry
- ✔ Helps maintain the validity and integrity of your trademark
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Overview
What is Trademark Rectification?
Trademark Rectification is the legal process of correcting or removing wrong entries from the Trademark Register.
It is used when your trademark application or registered trademark contains errors, or when someone else’s mark is wrongly recorded.
This process is carried out before the Trademark Registry to correct, update, or delete incorrect details.
When is Trademark Rectification Required?
Rectification is needed in the following situations:
- Mistakes or errors while filing the application
- Wrong class/category mentioned
- Spelling errors in brand name or details
- Incorrect applicant name or address
- Non-use of trademark for 5+ years
- Existing registered mark is wrongly placed on the register
- Wrong or misleading information entered by applicant
- The mark was registered without valid grounds
- Trademark is identical or deceptively similar to another mark
Who Can Apply for Rectification?
Rectification can be filed by:
- The Trademark Owner (to correct their own trademark)
- A Third Party/Opponent (to remove another’s wrongly registered trademark)
- Any aggrieved person who is affected by an incorrect entry
Why Trademark Rectification Happens
Common reasons include:
- Clerical or typographical errors
- Wrong class selection
- Mistaken entry by the Trademark Registry
- Registered mark is misleading or violates legal provisions
- Trademark not used for 5 continuous years
- Registered without proper examination
- Trademark registered by mistake or fraud
Grounds for Trademark Rectification
A request for rectification can be made if:
- Trademark was registered without sufficient cause
- Trademark wrongly remains on the register
- Incorrect details entered by mistake
- Trademark not used for 5 years continuously
- Trademark is contrary to public policy or law
- Mark is misleading, descriptive, or lacking distinctiveness
- Wrong class or specification of goods/services
- Change in ownership details needs updation
- Any clerical or administrative errors
Process of Trademark Rectification
Filing Rectification Application
The applicant files Form TM-O explaining the reason for rectification and the specific correction required.
Review by Trademark Registry
The Trademark Officer examines the request, reviews evidence, and checks whether rectification is justified.
Notice to Opposing Party
If a third party is affected, the Registry issues a notice to them for response.
Evidence Submission
Both parties may submit:
- Proof of usage
- Documents supporting the correction
- Legal grounds justifying rectification
Hearing (If Required)
A hearing may be scheduled where both parties present their arguments.
Final Order
The Registry either:
- Accepts the rectification (entry corrected/removed)
- Rejects the rectification (entry remains unchanged)
The trademark register is then updated accordingly.
Validity
Consequences
| If Rectification Is Approved: | If Rectification Is Rejected: | If You Do Not Correct Errors in Time: |
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Documents Required
- 1Trademark application number or registration certificate
- 2Proof of correct information (address, spelling, class details)
- 3Evidence of usage (if needed)
- 4Identity proof (Aadhaar/PAN)
- 5Authorization letter (if filed through agent)
- 1Identity proof
- 2Grounds for rectification
- 3Proof of prior usage (if applicable)
- 4Evidence supporting the claim
- 5Authorization letter for agent
For More Information
FAQs
Is rectification the same as opposition?
No. Opposition happens before registration. Rectification happens after application or registration.
Can I rectify my trademark after registration?
Can someone else file rectification against my trademark?
How long does rectification take?
Can a trademark be cancelled through rectification?
Is trademark usage important in rectification cases?
What happens after rectification is approved?
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