Udyog Suvidha Kendra
Trademark Litigation Services

Trademark
Rectification Filing

Correct the Trademark Register by cancelling invalid marks or restoring your own. Whether it's for non-use cancellation or correcting errors, our legal experts guide you through the rectification process.

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Purpose of Rectification

Maintain a Clean
Trademark Register

Rectification serves two main purposes: removing invalid trademarks that block your business and restoring your own trademarks that were accidentally removed.

Cancel Non-Use

Remove marks not used for 5 continuous years.

Restoration

Restore a trademark removed due to non-renewal.

Correction

Correct clerical errors in the trademark register.

Legal Remedy

Challenge marks obtained by fraud or bad faith.

Grounds for Rectification

  • Section 47 (Non-Use)

    Trademark registered without bona fide intention to use or not used for 5 years.

  • Section 57

    Contravention of the Act, or failure to observe a condition entered on the register.

  • Wrong Entry

    Entry made in the register without sufficient cause or wrongly remaining on the register.

Rectification Process

Filing Procedure

The process involves filing applications with the Registrar or the Appellate Board.

1

Draft Application

Prepare Form TM-O or TM-R for cancellation/rectification with statement of case.

2

Submission

File the application with the prescribed fee to the Trademark Registry.

3

Counter Statement

The registered owner is given a chance to file a counter statement.

4

Hearing & Order

After reviewing evidence from both sides, the Registrar passes the final order.

Frequently Asked Questions

Trademark Rectification in Different States

Andhra Pradesh Arunachal Pradesh Assam Bihar Chhattisgarh Goa Gujarat Haryana Himachal Pradesh Jharkhand Karnataka Kerala Madhya Pradesh Maharashtra Manipur Meghalaya Mizoram Nagaland Odisha Punjab Rajasthan Sikkim Tamil Nadu Telangana Tripura Uttar Pradesh Uttarakhand West Bengal Delhi Chandigarh Ladakh Lakshadweep Puducherry Jammu & Kashmir Andaman & Nicobar Dadra & Nagar Haveli

Trademark Rectification in Major Cities

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