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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Of Experience
3622 +
Cases Solved
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7 Years
Of Experience
3622 +
Cases Solved
10 +
Awards Gained
144 k +
Trusted Clients
36 k+
Queries Solved
7 Years
Of Experience
3622 +
Cases Solved
10 +
Awards Gained
144 k +
Trusted Clients
36 k+
Queries Solved
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:
Who Can Apply for Rectification?
Rectification can be filed by:
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.
- Statistical significance
- Demographic filtering
- A/B trend testing
Final Order
The Registry either:
- Accepts the rectification (entry corrected/removed)
- Rejects the rectification (entry remains unchanged)
The trademark register is then updated accordingly.
Documents Required
To register trademark online, the following documents are required:
Validity / Timelines
Rectification can be filed any time after the application or registration
Proceedings usually take 6–18 months depending on objections and hearings
After final order, the register is updated immediately
Compliance & Consequences
If Rectification Is Approved
If Rectification Is Rejected
If You Do Not Correct Errors in Time
Rules And Limitations
Rules and Limitations of Trademark Registration
Common reasons include:
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Clerical or typographical errors
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Wrong class selection
-
Mistaken entry by the Trademark Registry
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Registered mark is misleading or violates legal provisions
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Trademark not used for 5 continuous years
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Registered without proper examination
-
Trademark registered by mistake or fraud
A request for rectification can be made if:
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Trademark was registered without sufficient cause
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Trademark wrongly remains on the register
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Incorrect details entered by mistake
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Trademark not used for 5 years continuously
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Trademark is contrary to public policy or law
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Mark is misleading, descriptive, or lacking distinctiveness
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Wrong class or specification of goods/services
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Change in ownership details needs updation
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Any clerical or administrative errors
Frequently Asked Questions
Is rectification the same as opposition?
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?
What is trademark opposition?
Who can file an opposition against a trademark?
What documents are required to file a trademark opposition?
What documents are required to defend an opposition (for the applicant)?
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