Correct errors or challenge invalid trademarks with expert legal assistance.
Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry. In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.
With a Trademark Rectification filing, one can challenge the integrity of a registered mark by providing strong reasons why the mark is not considerable for registration. It is for you if you missed filing an opposition during the publication period.
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Professional Filing Service
Name, Address and Nationality of each applicant.
Trademark name and its specific application number.
Valid reasons and significance for challenging the mark.
To allow our attorneys to file on your behalf.
Select package, fill details & make payment.
Discussion, Drafting, and Preparation of Application.
Filing completed in 15-20 working days*.
Kerala has a crowded market for specific names, especially in the "Gold," "Textile," and "Chit Fund" sectors. Often, you will find your ideal brand name is already registered by someone else but they closed their shop years ago.
You can file a Rectification Petition to remove their mark on the grounds of "Non-Use." If they haven't used the mark commercially for 5 years and 3 months, the Registry must cancel their registration.
The best part? The burden of proof is on them. They must show invoices and activity. If they are defunct, they won't respond, and you win the name by default.
Conversely, competitors can file rectification against you if your trademark was registered incorrectly.
If an ex-partner registers the firm's name in their personal name secretly, other partners can file for rectification to cancel it, arguing "Bad Faith."
If your brand name becomes too common (like "Xerox" for photocopies), competitors can petition to remove it, claiming it has become generic. This is why we advise Kerala brands to aggressively protect their specific terms.
