Trademark Renewal
- ✔ Extends your trademark protection for another 10 years
- ✔ Maintains exclusive rights over your brand name and logo
- ✔ Prevents removal of your trademark from the register
- ✔ Ensures you can legally enforce your trademark against infringement
- ✔ Preserves brand goodwill, reputation, and market identity
- ✔ Allows continued usage of the ® symbol
- ✔ Avoids costly disputes, rebranding, or loss of brand ownership
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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
- 1Aadhaar Card
- 2PAN Card
- 3Email & Mobile Number
- 4Trademark Registration Certificate or Application Number
- 5TM-48 Authorization (if filed through agent)
- 1Registration Certificate (Partnership/LLP/Company/NGO)
- 2PAN of Entity
- 3Address Proof of Entity
- 4Aadhaar & PAN of Authorized Signatory
- 5Board Resolution/Authorization Letter
- 6Trademark Registration Certificate or Number
- 7TM-48 Authorization
- 8If Renewal With Changes (Any Entity Type):
- 9Proof of name change / address change
- 10Assignment deed (if brand transferred)
- 11Updated incorporation or business documents
For More Information
FAQs
Can I renew my trademark after expiry?
Yes, within 6 months after expiry with late fees.
What if my trademark is already removed?
Do I need to file a fresh application for renewal?
Does renewal change the trademark number?
Can I renew my trademark multiple times?
Do I need to show proof of usage for renewal?
What happens if I don’t renew?
Need Help?
If you have any questions or need assistance with proprietorship registration, feel free to contact us.
Contact UsWhy Choose ARK Advisor for Proprietorship Registration?
ARK Advisor is your trusted partner for all business registration needs. Our team of experienced Chartered Accountants provides comprehensive support, ensuring a smooth and hassle-free registration process.
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