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Trademark Rectification Services: Fix Errors in Trademark Registration

  • Trademark rectification is the legal process of correcting, varying or cancelling entries in the trademark register under the Trade Marks Act, 1999.
  • It allows either the mark-owner or an aggrieved third-party to request changes if a registered mark is wrongly entered, unused, or misleading.
  • The procedure involves filing Form TM-O (or equivalent) with the Registry or High Court, supported by grounds such as non-use, error, or mis-registration.
  • Success restores accuracy of the trademark register, helps maintain exclusivity, and shields brands from liability or invalidation.
  • Every business holding or challenging a mark must treat rectification as a strategic measure to safeguard or assert their brand rights.
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Introduction

What is Trademark Rectification?

Documents

Process

Conclusion

Introduction

Imagine you’ve built a strong brand over years under the brand “BlueWave” for software-as-a-service (SaaS). You discover that a competitor had registered “BlueWave” many years ago but never used it in India, and the registration still sits untouched in the registry. Alternatively, you may find an older mark with wrong classification, wrong proprietor name or simply a typographical error. In both scenarios, the entry in the trademark register is inaccurate, and in the case of non-use the mark may block your path.

That is where trademark rectification becomes critical. Whether you are defending your brand or clearing the path for registration, rectification ensures that the register reflects the true rights. It is frequently spoken of but not always fully understood – this guide unpacks what rectification means, when it applies, how to file, what it costs, and what benefits it brings.

What Is Trademark Rectification?

Trademark rectification refers to the procedure under Indian law by which entries in the trademark register may be cancelled, varied or corrected. 

In practical terms:

  • A mark may have been wrongly registered (e.g., without bona fide intention to use, or with misleading specification)
  • A registration may remain on the register despite non-use for a prolonged period.
  • The register may contain clerical errors, incorrect proprietor data, wrong class, or bad entries.
  • Rectification allows either the Registrar, the mark-owner, or any “aggrieved person” to seek correction of these entries under Sections 47 and 57 of the Act. 

Benefits of Trademark Rectification in India

  • Maintains Legal Accuracy: Ensures that the trademark register accurately reflects the updated ownership information. 
  • Prevents Misuse: Supports the removal of incorrect or misleading entries that may affect your brand reputation. 
  • Protects Brand Rights: A trademark rectification process strengthens your exclusive rights and as well prevents false claims or critical disputes on infringement. 
  • Removes Dormant Marks: Removes, as required, dormant or unused marks that could be blocking your new application. 
  • Improves Brand Credibility: A corrected register improves credence to potential customers and potential investors when they see a clean register. 
  • Facilitates Business Transactions: Important when conducting business transactions such as mergers or while negotiating with potential brand licenses to verify clean title. 
  • Avoids Legal Penalties: Helps maintain registration compliance in accordance with the Trade Marks Act, 1999.
  • Enhances Brand Value: Having a mark properly maintained, corrected, and rectified increases the overall value of the brand.

Who has authority to apply for rectification of a trademark?

The Traders Marks Act, 1999 specifies different individuals or parties who are legally recognized to apply for Trademark Rectification in India. The following applicants can start process:-

  • The Trademark Proprietor: Primarily if the owner of a registered trademark identifies an error or incorrect / omission in registration can apply for rectification of the record.
  • Any Aggrieved Person: A third party or person who has a legitimate belief a specific trademark has been registered incorrectly or is unique to the market causing a misrepresentation may apply for rectification.
  • Legal Heirs or Successors:
     In case of the proprietor’s death or transfer of ownership, the legal heir or successor can seek rectification to update ownership details.
  • Registered User or Licensee:
     A registered user, license holder, or assignee can also request rectification if the entry in the register affects their legal rights or business operations.
  • Corporate Entities or Firms:
     Companies and partnership firms engaged in similar or related goods/services may apply if the registered mark conflicts with their existing business interests.

Grounds for Rectification of Trademark in India

The major grounds for trademark rectification under section 57 of the Trademark Act of 1999 are as follows:

  • Breach of Conditions: This occurs when the registered mark does not comply with the conditions of registration. 
  • Wrong or Erroneous Entry: If a registered trademark is recorded on, or continues to be on, the register for no appropriate reason. 
  • Omission of Entry: This means significant entries are missing from the register. 
  • Fraud and/or Misrepresentation: The trademark was registered as a result of fraud and/or misrepresentation.
  • Confusion with Existing Mark: The mark causes confusion with an already registered trademark. 
  • Clerical Errors: Any error or defect in the trademark register. 
  • Non-Payment of Fees on Renewal: When renewal fees are not remitted in a timely manner.
  • Breach of a Law: This occurs when a mark is contrary to any provisions contained in the Trade Marks Act or contrary to public policy.

Points to Remember When Applying for Trademark Rectification

While filing for Trademark Rectification in India, applicants must follow certain key guidelines to ensure the process is valid and accepted by the Trademark Registry:

  • Separate Application Required:
     Each registered user of a trademark must file an independent rectification application for any correction or modification
  • One Change per Application:
     A single rectification application can address only one specific change in the trademark record. For multiple changes, separate applications must be filed for each
  • Processing Limitation:
     If several requests are included within one application, the Registrar will process only the first request and reject the remaining ones automatically.

Documents Required for Trademark Rectification

  • Form TM-P (Rectification Application)
  • Copy of Altered Trademark
  • Trademark Registration Certificate
  • Copy of Form TM-A
  • Address Proof and PAN Card of Applicant
  • Business Registration, PAN, and GST Details
  • Power of Attorney (if filed through an agent)

Trademark Rectification Process in India

The Trademark Rectification process involves correcting or modifying errors in the trademark register to ensure accuracy and legal compliance. Below is a step-by-step overview of the process:

1. Determine the Appropriate Authority

The applicant must first identify where to file the application:

  • The Registrar of Trademarks — for minor corrections or clerical mistakes.
  • The High Court — for substantial changes such as cancellation or rectification of a registered trademark.

2. Select the Correct Form

The rectification application must be filed using the relevant form:

  • Form TM–P — for rectification or cancellation by the proprietor or aggrieved party.
  • (Earlier forms like TM–16 or TM–26 are now consolidated under TM–P).

3.Assemble and Submit the Documents

All necessary documents, including identity verification, trademark certificate, and correction proof, should be grouped and submitted with the full application.

4.Write the Application

The Trademark Rectification Application must provide adequate detail, including mentioning why the rectification is being requested, what the mistake is, and what the correction is. Supporting documentation must accompany the request.

5.Submit the Application and Fees

The rectification request should be submitted electronically or physically, along with the required government fee, to the appropriate Trademark Registry office.

6.Provide Justification and Documents

The applicant may submit a written statement or affidavit laying out the basis for the rectification, and documentation to support the claim.

7.Review and Modify the Register by the Registrar

The Registrar of Trademarks reviews the documentation and evidence and makes changes in the register as warranted. Upon approval, the rectified information is officially updated in the Trademark Register.

Types of Trademark Rectification in India

Trademark Rectification may be required for several reasons — from clerical mistakes to ownership changes. The main types of trademark rectification include:

  1. Spelling or Clerical Mistakes 

Filing mistakes such as misspellings, wrong dates, or typographical errors can be corrected by submitting a rectification application to the as well, the trademark registry.

  1. Reauthorization of Goods or Services 

If the applicant incorrectly identified goods or services that fall under the wrong classification within the Nice Classification, they could file a rectification to have them placed within the goods or services class.

  1. Change of Ownership  

Where there has been a merger, acquisition, or transfer of ownership, a rectification application must be filed to show the name of the new owner or entity claiming ownership of the trademark rights.

  1. Update of Contact Information 

Should there be a change of address, telephone number or email id for the owner, it must be amended with a rectification application for efficient communication with the Trademark Office.

Why Choose Diligence Certifications for Trademark Rectification

  • Savvy IP Professionals: Our professionals specialize in correcting, renewing, and resolving trademark issues under the Trade Marks Act, 1999.
  • Full Service: We take care of the entire correction process from identifying the mistake to filing Form TM-P and then representing you before the Registrar.
  • Timely and Accurate Filing: We promptly handle your application to ensure it is technically correct, avoiding unnecessary delays or rejections.
  • Track Record of Success: Startups, MSMEs, and corporates rely on us for successful trademark corrections across multiple classes.
  • Clear and Competitive Pricing: No hidden fees – all fees are confirmed before you begin.
  • Legal Compliance: All corrections are done strictly on behalf of the Indian Trademark Law and Registry.
  • Client-Focused Support: Dedicated IP advisors will support you at every stage until your trademarks are completely updated in the register.
  • Nationwide Presence: Serving clients across India using digital filing and timeline tracking as needed.

Conclusion

Trademark rectification in a brand protection strategy is an important instrument, not just a technical exercise; whether you are clearing space for your own mark, expanding your portfolio or correcting old mistakes, the exercise requires accuracy, proof and legal certainty — failure to do anything may keep blocking entries existent, present no remedy to competitive blocking or leave your brand vulnerable.

Take steps to be proactive, attain a cleared register and work with trusted advisors like Diligence Certifications to help you work through the rectification process properly; your brand’s integrity and future rights depend on it.

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Our Related Services

Trademark Objection

Trademark Assignment

Trademark Registration

Trademark Renewal

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Frequently Asked Questions

Trademark rectification is the process of correcting, varying, or removing entries from the Register of Trade Marks under Indian law.

The registered owner, an aggrieved person, or the Registrar (suo motu) can all request rectification.

Non-use outside of 5 years, errors in registration, a mark incorrectly remaining on the register, and a mis-registration without bona fide intention.

Rectification usually takes 6 months up to 1.5 years depending on complexity.

Rectification may correct the entry and cancellation removes the registration completely. An opposition is always pre-event and rectification is always post-event.

Form TM-O (or the equivalent) with a statement of case (and supporting documents).

Yes - you can request a rectification or update based on name of proprietor, class or address for registering the mark.

Not always - the Tribunal or Registrar may choose to amend or vary the entry as opposed to cancelling it altogether.

The rectification may proceed exparte and may result in cancellation or amendment of the registration.

 Yes — if you are dissatisfied, you may appeal to the Appellate Board or appropriate High Court.

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