A trademark is the legal identity of your brand, but sometimes due to errors, omissions, or misleading details in the trademark register, it may not reflect the correct and true facts. In such cases, the law provides a remedy called Trademark Rectification.
At LegalInfoIndia, powered by the expertise of Nidhi Rajoura & Associates, we assist businesses, startups, and individuals in Delhi and across India to file rectification petitions with the Trademark Registry. Since 2016, we have been providing trusted trademark services to safeguard your brand from legal complications and ensure compliance with the Indian Trademark Act, 1999.
Trademark Rectification is a legal process to correct, amend, or remove an entry in the trademark register. It may be filed by the trademark owner, any third party, or an aggrieved person when:
Wrong information is entered in the register.
Trademark has been wrongly registered.
Trademark is registered without sufficient cause.
Non-renewal or non-use of a trademark for over 5 years.
Misrepresentation or error by the Registrar during registration.
The application for rectification is generally filed using Form TM-O under the Trademark Rules, 2017.
Trademark Rectification may be filed under the following circumstances:
Incorrect details of applicant, proprietor, or address.
Trademark registered under the wrong class.
Trademark not used for 5 years or more from registration.
Trademark obtained by fraud, misrepresentation, or suppression of material facts.
Non-renewal of trademark within stipulated timelines.
Marks wrongly registered that cause confusion in the marketplace.
The process of filing Trademark Rectification in India generally involves the following steps:
Check the official trademark register for discrepancies or wrongful entries.
Draft a rectification petition with valid grounds under the Trademark Act, 1999.
File the rectification application with the appropriate Trademark Registry Office in India.
Registrar issues notice to the trademark owner regarding the rectification.
Both parties present their case, and supporting evidence is examined.
Registrar may amend, remove, or correct the entry in the trademark register.
Keeps the Trademark Register updated.
Prevents fraudulent entries and misuse.
Maintains exclusive rights over your trademark.
Avoids cancellation or penalties.
Correct details help in global filings and enforcement.
The registered proprietor, any aggrieved party, or third parties can file rectification petitions.
There is no strict time limit, but it is generally filed after wrongful registration is noticed or after 5 years of non-use.
Yes. If the grounds are valid, the Registrar may cancel the registration or amend the entries.
Yes, rectification is possible if the mark is protected in India under the Madrid Protocol.
If your trademark details are incorrect or wrongly registered, don’t delay. Protect your brand and ensure compliance by filing for Trademark Rectification in India. Our expert team at LegalInfoIndia will handle your petition with accuracy and professionalism.
With years of experience, we've successfully defended countless clients, To be securing their rights and helping them navigate the legal system.
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