Trademark Rectification
- Art Teacher
- London, UK
- 5-7 Hrs
Ever wondered what happens if a trademark gets registered by mistake—or worse, through fraud or misrepresentation? What if someone registers a name deceptively similar to yours and never even uses it? That’s where trademark rectification steps in. Under Section 57 of the Trade Marks Act, 1999, any person aggrieved can file for rectification if they believe a trademark has been wrongly entered or needs modification. It’s commonly used in cases of non-use, bad faith registrations, or when earlier rights have been ignored. The process can be initiated before the Registrar or even the High Court, depending on the circumstances. What makes rectification especially powerful is that it not only protects individual businesses but also ensures the overall health and fairness of the trademark system.
- Duly filled Form TM-O – for initiating rectification proceedings.
- Affidavit supporting the rectification application – with relevant facts and evidence.
- Copy of the Trademark Registration Certificate (of the mark to be rectified).
- Grounds of Rectification – detailed statement explaining why rectification is sought.
- Supporting Documents (as applicable):
- Proof of prior use (if applicable)
- Evidence of non-use by registered proprietor
- Copies of earlier registered or pending marks (if conflicting rights exist)
- Power of Attorney – if filed through a trademark attorney/agent.
- ID and address proof – of the applicant (if individual).
- Filing of TM-O Form: The applicant files the rectification application online or offline with the appropriate Registry or High Court (if related to a decided appeal).
- Examination & Notice: The Registrar examines the application and issues a notice to the registered proprietor.
- Reply by Proprietor: The trademark owner must file a counterstatement and supporting evidence.
- Evidence Stage: Both parties submit affidavits and evidence.
- Hearing: An oral hearing may be scheduled before the Registrar/High Court.
- Final Order: Based on submissions, the Registrar may cancel, vary, or modify the registration.
FAQs
A rectification petition must be filed within five years from the date of registration of the ever, if the registration was obtained fraudulently or in bad faith, there is no time limit.
Rectification corrects or updates errors in the register and ensures accuracy whereas Cancellation removes the trademark from the register, usually due to non-use, wrongful registration, or violation of trademark law.
No. You must wait for the mark to be registered. Opposition is the proper remedy at the pre-registration stage. Rectification only becomes available post-registration.
If a suit for infringement is filed after a rectification petition, the court may stay the suit until the rectification proceedings are decided.
International registration under the Madrid Protocol does not shield a trademark from rectification or cancellation proceedings in India. Once protection is granted in India, the mark is subject to the same grounds for rectification and legal challenges as domestic marks under Indian law.