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Trademark Rectification
Trademark Rectification refers to the process of correcting an error or updating the details in the Register of Trademarks. This could be done by the trademark owner or by any person aggrieved by the entry.
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Trademark Rectification
Amend or rectify trademark registration errors legally with our expert rectification services
ITR-3
Salary + business or professional income having turnover upto 1 crore .
ITR-3
Salary + business or professional income having turnover more than 1 crore upto 2 crores
Documents Required for Trademark Rectification
When filing for trademark rectification in India, the following documents are essential:
1.Power of Attorney (PoA):
Authorizing Bharat e-Filing to represent you before the Trademark Registry.
2.Copy of Trademark Registration Certificate:
Proof of the existing registered trademark that needs rectification.
3.Affidavit Detailing Grounds for Rectification:
A sworn statement clearly explaining the reasons for seeking rectification.
4.Copy of Form TM-A (Initial Registration Application):
Reference of the original application filed during the trademark registration.
5.Supporting Evidence/Documents:
Any documents or proofs supporting your claim for correction (such as invoices, brand usage history, etc.).
6.Applicant's Identity and Address Proof:
Valid KYC documents like PAN, Aadhaar, Passport, or company incorporation documents for businesses.
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Trademark Rectification
Trademark Rectification
A trademark acts as a brand’s identity, much like a birthmark distinguishes an individual. To preserve its distinctiveness and enforceability, the trademark must be registered following the Trade Marks Act, 1999. However, at times, even after filing or securing registration, minor errors or necessary updates may arise.
In such instances, the law provides for Trademark Rectification — a process where corrections can be made to the Trademark Register to maintain the accuracy and enforceability of your mark.
At Bharat e-Filing, we offer end-to-end support for trademark rectification, helping businesses protect their brand’s authenticity without unnecessary delays.
What is Trademark Rectification?
Trademark rectification refers to the legal procedure for correcting errors, omissions, or changes needed in the Trademark Register after a trademark has been filed or registered. It addresses circumstances where:
1.The trademark has been wrongly registered.
2.Details recorded are inaccurate or outdated.
3.The trademark remains on the register despite its non-use.
Chapter VII (Section 57) of the Trade Marks Act, 1999 grants any person aggrieved — whether the applicant, a third party, or someone impacted — the right to apply for rectification.
However, rectification is a sensitive legal remedy — in serious cases, it may even result in the removal (cancellation) of the trademark. Hence, careful evaluation and expert legal assistance are crucial.
Common Grounds for Trademark Rectification
1.Mistakes in the Trademark Application:
Errors made while filing the trademark application, such as incorrect applicant details, wrong address, or incomplete information.
2.Incorrect Details Recorded in the Trademark Register:
Wrong description, improper classification, or inaccurate depiction of the trademark at the time of registration.
3.Changes in Ownership or Applicant Information:
Subsequent updates like a change of business address, ownership, or legal entity structure that must be reflected in the register.
4.Non-Use of Trademark for a Continuous Period:
If the registered trademark has not been used for five years and three months, it may be subject to rectification or removal.
5.Registrar’s Own Motion or Directions:
Rectification ordered by the Registrar based on errors identified during registry audits or in the public interest.
6.Application by an Aggrieved Party:
A third party adversely affected by the trademark registration may apply for rectification or cancellation.
Forms for Trademark Rectification
At Bharat e-Filing, trademark rectification can be pursued depending on who initiates the action. Here’s a structured overview of the applicable forms and their purposes:
|
Initiator
|
Form to be Filed
|
Purpose
|
Remarks
|
|---|---|---|---|
|
Trademark Owner (Proprietor)
|
TM-16
|
To request correction or voluntary cancellation of an existing trademark registration.
|
Must be filed along with the prescribed government fees.
|
|
Registrar of Trademarks
|
TM-M
|
To rectify or cancel a trademark on the Registrar’s own motion or upon satisfaction of error/misrepresentation.
|
The Registrar initiates based on registry audits, public interest, or suo-moto powers.
|
|
Aggrieved Third Party
|
TM-26
|
To apply for rectification or cancellation of a registered trademark by a party adversely affected.
|
Applicant must establish grounds for grievance and submit with requisite fees.
|
Who Can File a Trademark Rectification Application?
At Bharat e-Filing, the law provides specific categories of individuals or entities who can legally apply for trademark rectification:
|
Eligible Applicant
|
Description
|
Key Points
|
|---|---|---|
|
Aggrieved Person
|
Any individual or entity who believes they are adversely impacted by an existing trademark — for reasons like similarity, deceptive registration, or malicious intent.
|
Can file rectification at the appropriate jurisdictional Trademark Registry office.
|
|
Trademark Proprietor
|
The registered trademark holder who identifies an error, omission, or incorrect detail related to their own mark.
|
Has the authority to correct or seek cancellation of their own trademark registration.
|
|
Third Party
|
Any person or business entity, other than the trademark owner or a directly aggrieved party, who identifies misuse, confusion, or harm to public interest caused by a trademark.
|
Can independently initiate rectification proceedings even without direct infringement.
|
Trademark Rectification Process
The process for Trademark Rectification — whether initiated by the proprietor, an aggrieved party, or the Registrar — follows a systematic legal procedure. At Bharat e-Filing, we ensure that every step is handled with expertise and precision.
Here’s how the rectification process is carried out:
1.Preparation of Rectification Application – The rectification process begins with carefully drafting the application. It is crucial to correctly state all necessary details, reasons for rectification, and the legal grounds relied upon. Accuracy at this stage is essential because incomplete or incorrect drafting can lead to outright rejection.
2.Filing of the Rectification Form – After drafting, the applicant files the rectification request using the appropriate prescribed form (TM- 16, TM-M, or TM-26, depending on the case). Filing must be done before the Trademark Registrar, accompanied by the applicable government fees, to formally commence the rectification process.
3.Submission of Relevant Documents – The next step involves submitting all supporting documents, including proof of identity, proof of address, trademark certificates, and any other evidence substantiating the request for rectification. The documents must be properly formatted and comply with the requirements laid down under the law.
4.Verification of Documents – Upon submission, the Registrar verifies the documents and checks for procedural compliance. If the documents are in order and no discrepancies are found, the process moves forward. However, if any inconsistencies or objections arise, the applicant may be required to provide clarifications or additional evidence.
5.Hearing and Consideration – If necessary, a hearing is scheduled where both the applicant and the counterparty (if any) can present their submissions, affidavits, and evidence. The Registrar carefully considers the legal arguments and the supporting documentation presented during this stage.
6.Issuance of the Final Order -After reviewing the entire matter, the Registrar or Appellate Board issues a final order. Depending on the case’s merits, the order may direct correction, alteration, cancellation, or removal of the trademark from the register. In some cases, the application may be refused if not sufficiently justified.
Process for Rectification Filed by an Aggrieved Party
When an aggrieved person (someone affected by the trademark’s presence on the register) initiates rectification, the steps are as follows:
- The aggrieved party files an application for rectification using Form TM–26, clearly specifying the grounds and reasons for seeking modification or cancellation.
- Upon receiving the application, the Registrar issues a notice to the trademark proprietor, providing them an opportunity to submit a counter statement in their defense.
- Both parties are required to submit affidavits and evidence supporting their claims.
- he Registrar or Appellate Board scrutinizes the submissions, may conduct a hearing if necessary, and carefully examines the arguments raised.
- After thorough consideration, a final decision is passed, which may result in the rectification, partial modification, cancellation, or removal of the disputed trademark from the register.
Consequences of Trademark Rectification
Trademark rectification is a serious legal process that can ultimately lead to the cancellation or removal of a registered trademark. However, such action is only taken after careful examination of all relevant facts, evidence, and applicable legal provisions.
If a registered trademark is not actively used in commerce for a continuous period of five years, or if there is no genuine use of the mark for three consecutive years, it becomes vulnerable to removal from the official Trademark Register.
Maintaining an active presence in the marketplace is critical for preserving trademark rights. Failure to consistently use and protect your registered mark may result in loss of exclusive rights, causing serious harm to your brand reputation and legal standing.
Bharat e-Filing ensures that your trademarks are kept valid, compliant, and protected from such consequences through timely intervention and professional management.
Why Choose Bharat e-Filing for Trademark Rectification?
When it comes to rectifying and safeguarding your trademarks, Bharat e-Filing stands out as a trusted partner for businesses and entrepreneurs across India. Here’s why:
End-to-End Legal and Compliance Support
We offer comprehensive legal, tax, and compliance services — connecting you with highly skilled professionals to meet all your trademark and intellectual property needs under one roof.
Simplified and Streamlined Processes
At Bharat e-Filing, we prioritize simplifying complex legal requirements. Our team ensures that your trademark rectification process is efficient, hassle-free, and aligned with statutory obligations.
Access to Expert Guidance
Our dedicated trademark experts are always available to provide you with precise advice, strategic assistance, and personalized support throughout your rectification proceedings.
Commitment to Integrity and Quality
Bharat e-Filing is built on the pillars of trust, professionalism, and reliability. Our commitment to quality ensures that every client receives superior service with complete transparency.
Client-Focused Service Approach
We believe in creating a seamless experience for our clients. Our processes are designed to be user- friendly, time-saving, and cost-effective, tailored to fit your business needs.
Real-Time Case Tracking Stay updated at every step. Bharat e-Filing offers clients the ability to monitor the progress of their trademark rectification applications through a transparent and responsive tracking system.
At Bharat e-Filing, we recognize that trademarks are more than just assets — they represent your brand’s identity and goodwill. Whether you need help with rectification, renewal, objection handling, or registration,
our experienced team is here to
safeguard your intellectual property
rights effectively and efficiently.
For expert assistance in Trademark
Rectification and all trademark-related services, connect with Bharat e-Filing today!
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Trademark Rectification FAQs – Bharat e-Filing
Trademark rectification is a legal process to correct errors or omissions in the trademark register. This may include updating the proprietor’s name, address, or the goods/services description to ensure the register reflects the current status of the trademark accurately.
Any “person aggrieved”—including the trademark proprietor, a competitor, or a third party adversely affected by a trademark registration—can file for rectification under Section 57 of the Trade Marks Act, 1999.
Errors in registered details (e.g., name, address)
Non-use of the trademark for over five years
Registration obtained by fraud or misrepresentation
Trademark becoming generic or misleading
Violation of conditions mentioned in the register
TM-16 – For voluntary corrections by the trademark proprietor
TM-M – For rectification initiated by the Registrar
TM-26 – For rectification or cancellation requested by an aggrieved third party
As per the official fee schedule:
Form TM-26: INR 3,000 (government fee)
Note: Additional professional/legal service fees may apply.
The duration varies depending on complexity and Registrar workload. Generally, it may take several months to over a year for resolution.
Yes. A trademark can be rectified at any time if there are valid grounds such as non-use or errors in the registration details.
The Registrar may:
Correct the error in the register
Remove the trademark from the register
Modify or vary the registration details as necessary
Yes. You can file a counter-statement and submit evidence to defend your trademark when notified of such an application.
While not legally required, hiring a trademark attorney or legal expert is highly advisable to navigate the process efficiently and avoid errors.
Proof of non-use of the trademark
Documents highlighting errors in the register
Evidence of fraudulent or misleading registration
Any supporting agreements or communications
Yes. If multiple parties are aggrieved, each may file separate rectification applications, provided they have legitimate and distinct grounds.
Rectification: Corrects specific errors in the register
Cancellation: Removes the trademark completely (e.g., due to non-use or invalid registration)
Yes. A rectified or cancelled trademark can affect your branding, marketing strategy, and legal protection, potentially impacting operations.
Bharat e-Filing offers complete assistance, including:
Assessing the strength and validity of your case
Preparing and filing the required forms
Representing clients before the Registrar
Providing ongoing legal consultation throughout the process
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