Trademark Rectification
Trademark Rectification services managed seamlessly by our expert team.
Rectification lets you correct or remove an entry in the Register of Trade Marks that should not be there, for example a mark registered wrongly or never used. It is also how you fix errors in your own entry. CASYST prepares and files the application and represents you in the proceedings.
What is Trademark Rectification?
Trademark rectification is an application to the Registrar or the High Court to remove, cancel or correct an entry in the Register of Trade Marks. Grounds include a mark that was registered without sufficient cause, a mark that has not been used for a prescribed period, or an error or omission in the entry.
Rectification can also be used to correct clerical errors in your own registration, such as a wrong name or address.
Who needs Trademark Rectification?
- Owners whose competitors hold a conflicting registration
- Businesses facing a blocking mark that is not in use
- Owners with errors in their own registration details
- Brands whose mark was registered by someone with no genuine interest
Benefits of Trademark Rectification
Clear the way
Remove a blocking registration that stops your own brand.
Correct errors
Fix mistakes in names, addresses or classes on the register.
Protect your rights
Ensure the Register accurately reflects ownership.
Expert drafting
Grounds and evidence are set out clearly.
Full support
We represent you through the hearing stage.
Eligibility
- Any person aggrieved by an entry in the Register
- Valid grounds include non-use, wrongful registration or errors
- The proper forum depends on the type of case
- Evidence supporting the ground must be filed
Documents required
- Registration certificate or details of the mark concerned
- Grounds for rectification and supporting evidence
- Proof of your prior use or rights
- Identity and business documents of the applicant
- Power of attorney
- Any correspondence with the mark owner
Trademark Rectification process
- 1Step 1
Assess the grounds
We check whether rectification is available.
- 2Step 2
Gather evidence
We collect proof of use, non-use or prior rights.
- 3Step 3
File the application
We file the rectification application in the appropriate forum.
- 4Step 4
Response and evidence
The other party responds and both sides file evidence.
- 5Step 5
Hearing
We argue your case.
- 6Step 6
Order and update
The Register is corrected if the application succeeds.
What happens next
- The other party may respond with a counter-statement
- Both sides file evidence
- A hearing is held and an order passed
- The register is updated if the application succeeds
- Orders can be appealed
When you need rectification
- A mark was registered without sufficient cause
- The mark has not been used for a long period
- An entry contains an error or omission
- A competitor's registration blocks your brand
Rectification vs cancellation vs opposition
| Route | When it applies |
|---|---|
| Rectification | To correct or remove an entry on the register |
| Cancellation | To remove a registered mark on prescribed grounds |
| Opposition | Before the mark is registered, after publication |
The TM-O form
Rectification applications are made in the prescribed form together with a statement of case and evidence. We prepare and file the form for you.
How to prevent rectification or cancellation
- Use your mark in the way it was registered
- Renew on time
- Keep records of genuine use
- Avoid registering marks you do not intend to use
Related services
Trademark Rectification cost
Our Trademark Rectification package starts from ₹5,999. Government fees, stamp duty and other statutory charges are separate and depend on your state and the exact filing involved. We give you a clear, itemised quote before we start, with no hidden charges.
Get a QuoteTrademark Rectification checklist
- Assess the grounds
- Gather evidence
- File the application
- Response and evidence
- Hearing
- Order and update
Frequently asked questions
Any person aggrieved by an entry in the Register.
Yes, through an application for correction of clerical errors.
Non-use for a long period can be a ground for removal.
It depends on whether the application is contested.
With the Registrar or, in some cases, the High Court.
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