What is Trademark Rectification?

Trademark Rectification is a legal remedy available under the Indian Trade Marks Act to correct or remove entries in the Register of Trademarks. It allows any interested party or the trademark owner to seek cancellation or modification of a registered trademark on valid grounds.

 

When is Trademark Rectification Used?

Rectification proceedings are initiated when:

  • A trademark was wrongly registered due to non-compliance with the law.

  • The mark is identical or similar to an earlier trademark causing confusion.

  • The trademark was registered without the applicant’s consent (fraud or misrepresentation).

  • The trademark has not been used for continuous 5 years or more (non-use).

  • There is a need to correct errors or omissions in the trademark register.

 

Who Can File a Rectification Petition?

  • Any person who believes they are adversely affected by the registration of a trademark.

  • The registered proprietor of the trademark in question.

  • The Registrar of Trademarks, in certain cases.

 

Grounds for Trademark Rectification

  • The trademark was registered in violation of the provisions of the Trade Marks Act.

  • The registered trademark is identical or deceptively similar to an earlier trademark.

  • The trademark has been registered without the consent of the rightful owner.

  • The trademark has not been used for a continuous period of 5 years or more.

  • Errors or inaccuracies in the trademark register need correction.

 

The Trademark Rectification Process

  1. Filing the Petition: A petition for rectification is filed before the Registrar of Trademarks, detailing the grounds and evidence.

  2. Notice to the Registered Proprietor: The trademark owner is served notice and allowed to respond.

  3. Hearing: Both parties present their arguments and evidence before the Registrar.

  4. Order: The Registrar decides to accept or reject the petition for rectification. If accepted, the trademark may be partially or wholly removed from the register.

 

Why Choose Us for Trademark Rectification?

  • Expertise in IP Law: We specialize in trademark disputes and rectification proceedings.

  • Strategic Representation: Our team prepares strong petitions or defenses backed by solid legal research and evidence.

  • Efficient Handling: We ensure timely filings and follow-ups to expedite the process.

  • Client-Focused Solutions: We guide you through every step and protect your brand interests.

 

Need Help with Trademark Rectification?

If you wish to challenge a wrongful trademark registration or defend your trademark rights, contact us for expert legal advice and representation in trademark rectification matters.