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.
Who can file rectification petition:
The aggrieved party is entitled to file a petition for the
rectification or cancellation of registration or removal of the
Grounds for filing an application for trademark rectification
i) That the registration was made without sufficient cause or
registration was obtained by misrepresentation of facts, similar to
an earlier mark registered.
ii) That the mark was wrongly remaining on the register in case
it is against to some legal provisions of the Act or likely to
iii) Making any changes, amendments, or modification in
connection with any registered trademark as per the recent
iv) Non-use of any registered trademark for more than five years
by the registered proprietor.
v) Non-renewal of the original or previous registration of the
vi) A trademark
could be expunged from the register in case registration is
obtained by fraud. Particularly, where the registration has been
obtained by suppression of material fact or false statement it is
known as registration obtained by fraud.
vii) Inclusion or addition of certain more class or goods or
services, in case it is against to the business extent of the
viii) Non-conformity with one or more grounds stipulated in
Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
Where to file for trademark rectification?
For trademark rectification or trademark cancellation, an
application can be filed before the Trademark Registry (in
appropriate trademark jurisdiction i.e Mumbai, Chennai, Kolkata,
Delhi, Ahmadabad), where the trademark application was originally
filed for attaining its registration.
Procedure for trademark rectification in India:
The application form used to serve trademark rectification or
cancellation must be filed in prescribed form. The application must
include the statement of case, and submit along with the prescribed
fee. Further, the application can be submitted to the Registrar or
On receipt of the application, the Registrar serves notice to
the registered proprietor to file a counter statement.
Once the counter statement is filed the matter arrives at the
evidence stage. The parties may require filing their respective
evidence in the form of an Affidavit. After this, there will be a
hearing. Subsequently, the order is passed.
In order to prevent the rectification or cancellation or removal
of a registered trade mark from the register, proper precautions
must be taken i.e. the trademark renewal from time to time, not doing
anything which will destroy the distinctive character of the mark
or not allow the mark to remain unused for a period exceeding five
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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