Trademark Rectification Filing
Correct errors or challenge invalid trademarks with expert legal assistance.
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What is Trademark Rectification?
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.
Significance of Rectification
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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Documents Required
Applicant Info
Name, Address and Nationality of each applicant.
Application Details
Trademark name and its specific application number.
Grounds for Rectification
Valid reasons and significance for challenging the mark.
Power of Attorney
To allow our attorneys to file on your behalf.
File in 3 Easy Steps
Register & Pay
Select package, fill details & make payment.
We Will Help
Discussion, Drafting, and Preparation of Application.
Application Filed
Filing completed in 15-20 working days*.
Process Timeline
- 1
Day 1 - 5
Collection of Information · Collection & Review of Documents
- 2
Day 6 - 15
Finalizing stands for Rectification · Drafting Documents & POA · Getting signed documents from Applicant
- 3
Day 15 - 20
Preparation by experienced attorney · Filing of Rectification Application · *Subject to Govt Processing Time
Frequently Asked Questions
The aggrieved party is entitled to file a petition for the rectification or cancellation of registration or removal of the registered mark.
Registration made without sufficient cause or by misrepresentation.Mark wrongly remaining on register (against legal provisions).Changes/Amendments required.Non-use for more than 5 years.Non-renewal of original registration.Registration obtained by fraud.Non-conformity with Section 9 and 11 of the Trade Marks Act, 1999.
Using "Non-Use" to Clear the Path via Trademark Rectification Filing
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.
The Section 47 Solution
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.
Burden of Proof
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.
Defending Your Own Mark Against Trademark Rectification Filing
Conversely, competitors can file rectification against you if your trademark was registered incorrectly.
Bad Faith
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."
Genericide
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.
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