Trademark Rectification in India by Taaza Private Limited Company

Need help with the rectification of a trademark? Fix clerical errors, update ownership, or respond to objections easily with expert support and a quick online process at Taaza Private Limited Company.

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What is Trademark Rectification?

Trademark rectification is the legal process of correcting or modifying entries in the Indian Trademark Registry. This process ensures the accuracy and validity of registered trademarks by addressing errors, omissions, or any circumstances that make a registered trademark legally untenable.

Think of it as a “clean-up” operation for the trademark database, maintaining only valid and rightful registrations.

Benefits of Trademark Rectification

Trademark rectification is essential for maintaining the strength and reliability of your brand. Here’s why it matters:

Corrects Errors and Inaccuracies:
Fix mistakes like spelling errors, incorrect classification of goods/services, or wrong proprietor details to keep your trademark record accurate.
Maintains Brand Identity and Distinctiveness:
Prevents consumer confusion by ensuring your trademark properly represents your products or services, protecting your brand’s unique character.
Strengthens Legal Protection:
Provides a robust legal basis to enforce your rights and defend your brand against infringement or misuse.
Prevents Wrongful Registrations:
Challenges trademarks that were wrongly registered or are deceptively similar, clearing the register of invalid marks.
Avoids Cancellation:
Proactively resolves issues such as non-use or errors that could lead to cancellation by third parties or the Registrar.
Reflects Business Changes:
Updates important details like company name, ownership, or address, keeping your trademark registration current.
Ensures Compliance:
Demonstrates adherence to the Trade Marks Act, 1999, reducing the risk of legal penalties.

Forms Used for Trademark Rectification

Form	Purpose	Applicable Fee
TM-O	Primary form for rectification or removal (Section 47 or 57) and also used for oppositions	Rs. 2,700 (e-filing), Rs. 3,000 (physical)
TM-26	Historical form for rectification/removal (largely replaced by TM-O)	N/A
TM-M	Miscellaneous requests (minor corrections, POA, certified copies)	Starts at Rs. 900 (e-filing)

Legal Basis: Section 57 of the Trade Marks Act, 1999

Power to Cancel or Vary Registration: High Court or Registrar can cancel or modify registrations.
Who Can Apply: Any “person aggrieved” can file for rectification.
Grounds Include:
- Contravention of the Act
- Failure to observe registration conditions
- Errors or omissions in the register (e.g., clerical mistakes, wrongful registration, non-use)
Suo Motu Action: Registrar or High Court can initiate rectification on their own after notice and hearing.
Registrar’s Duty: Must update the register as per High Court’s orders.
Purpose: Maintain accuracy and integrity of the trademark register, protecting rightful owners and fair competition.

Who Can Request Trademark Rectification?

Registered Proprietor: To fix errors or update details.
Aggrieved Person: Anyone affected by wrong entries (e.g., owners of similar marks, pending applicants).
Third Parties: Individuals/entities concerned with market clarity or public interest.
Registrar of Trademarks: Can initiate rectification if errors or wrongful registrations are detected.

Grounds for Trademark Rectification in India

Trademark rectification allows for correction, modification, or removal of entries in the Trademark Register based on specific legal grounds. Key grounds include:

Ground for Rectification	Description	Relevant Section/Provision
Non-Use of Trademark	Trademark not used continuously for 5 years and 3 months after registration.	Section 47(1)(b)
Registered Without Bona Fide Intention	Trademark registered without genuine intention to use it for the specified goods/services.	Section 47(1)(a)
Contravention or Failure to Observe Conditions	Proprietor failed to comply with any conditions entered in the register about the trademark.	Section 50
Wrongfully Registered Trademark	Trademark wrongly on register, or obtained through misrepresentation, fraud, or suppression.	Section 57(1)
Similar or Identical Trademark Exists	Registered mark identical or deceptively similar to an existing registered trademark causing confusion.	Section 11
Trademark Not Distinctive	Mark incapable of distinguishing goods/services of one person from another.	Section 9(1)(a)
Generic or Commonly Used Terms	Trademark consists of generic or common trade terms, not distinctive to proprietor’s goods.	Section 9(1)(c)
Contrary to Law or Scandalous/Obscene Marks	Mark prohibited by law, or scandalous/obscene under Emblems and Names Act.	Section 9(2)
Likelihood of Confusion with Well-Known Marks	Mark similar to a well-known trademark causing deception or confusion among consumers.	Section 11(2)
No Proper Authorization or Assignment	Trademark registered in name of non-proprietor without valid assignment or transmission.

Documents Required for Trademark Rectification

Filing for trademark rectification requires a set of key documents to establish your claim and support the application:

Document Type	Description and Purpose	Mandatory/Optional
TM-O Form	Official application for rectification or cancellation under Sections 47 or 57.	Mandatory
Power of Attorney (Form TM-48)	Authorizes attorney/agent to file and represent during proceedings.	Mandatory
Grounds for Rectification	Detailed statement explaining reasons for rectification (e.g., non-use).	Mandatory
Supporting Evidence of Non-Use	Proof such as market reports, affidavits showing no commercial use.	Mandatory (if based on non-use)
Proof of Prior Use	Invoices, ads, packaging showing continuous use before registration.	Optional but recommended
Trademark Registration Certificate	Certified/scanned copy of the original certificate of disputed trademark.	Optional
Affidavit in Support	Notarized affidavit supporting the facts and documents submitted.	Mandatory
Copy of Opposed Trademark Record	Certified copy or official record of the challenged trademark.	Mandatory
Board Resolution/Authorization Letter	For companies/LLPs approving the rectification filing.	Mandatory (for entities)
Correspondence with Registry	Past communication, objections, or reports from Trademark Office (if any).	Optional
Fee Receipt	Proof of payment of government fees for filing the TM-O form.	Mandatory

Important Tips for Trademark Rectification Application

Clear Grounds: Clearly state the legal grounds you rely on for rectification.
Strong Evidence: Submit compelling evidence to support your claims, especially in non-use or wrongful registration cases.
Timeliness: File the application promptly to avoid weakening your case.
Legal Counsel: Trademark rectification can be complex; engaging an experienced trademark attorney is advisable.
Accuracy: Ensure all application details and supporting documents are accurate and truthful.
Jurisdiction: File your application with the appropriate Trademark Registry office.

Process for Trademark Rectification in India

The trademark rectification process is a formal legal procedure to ensure the accuracy and fairness of the Trademark Register. Here’s a step-by-step guide:

Step 1: Drafting the Application and Statement of Case

Initiation: The process starts when an aggrieved person, trademark owner, or the Registrar initiates rectification.
Form TM-O: Prepare the rectification application using Form TM-O, providing details of the trademark and grounds for rectification.
Statement of Case (SoC): A detailed written statement submitted with TM-O outlining:
- Your interest in the matter.
- Facts and background.
- Specific grounds (e.g., non-use, fraud, similarity).
- Legal arguments.
- Relief sought (correction, removal, etc.).

Step 2: Filing the Application with the Trademark Registry

Where to File: File at the appropriate Trademark Registry (where the original application was filed or principal business location).
Fees: Pay the prescribed government fees.
Filing Mode:
- Online (E-filing): Faster, lower fees, submit digitally with real-time tracking.
- Offline (Physical filing): Submit physical copies at registry offices.

Step 3: Registrar Sends Notice to Trademark Owner

The Registrar examines the application and sends a formal notice to the registered proprietor (owner) of the trademark.
The owner gets a fixed timeframe (usually 2 months) to respond.

Step 4: Filing the Counter-Statement to Defend the Trademark

The trademark owner files a Counter-Statement addressing allegations.
Must be filed within the given timeframe to avoid default judgment.
Contains the owner’s factual and legal defense.

Step 5: Submission of Evidence and Affidavits

Both parties submit evidence via affidavits and supporting documents such as:
- Usage proof (invoices, advertisements).
- Market surveys.
- Documents proving fraud or prior use.
Parties can respond to each other’s evidence.

Step 6: Hearing Process

The Registrar (or High Court if involved) schedules a hearing.
Both sides present oral arguments and clarify points.
Legal counsel usually represents parties.

Step 7: Final Order and Its Impact

The Registrar or Court issues a final order based on application, evidence, and arguments.
Possible outcomes:
- Rectification allowed (corrections or removal from register).
- Rectification dismissed (mark remains unchanged).
The order updates the Trademark Register immediately.

Modes of Filing Trademark Rectification Application

1. Online Filing (E-Filing)

Convenient & Accessible: File anytime, anywhere with internet.
Faster Processing: Direct entry into the electronic system.
Real-time Tracking: Monitor your application status online.
Lower Fees: Government fees lower than physical filing (e.g., Rs. 2,700 for TM-O online).
Digital Signature: Requires a valid Digital Signature Certificate (DSC).
Official Portal: ipindia.gov.in

2. Offline Filing (Physical Filing)

Traditional Approach: Submit physical documents in person.
Where: Visit any Trademark Registry office in Mumbai, Delhi, Kolkata, Chennai, or Ahmedabad.
Higher Fees: Slightly more expensive (e.g., Rs. 3,000 for TM-O physical filing).
Slower Processing: Manual handling delays processing.
Proof of Submission: Receive physical receipt as proof.
Useful For: Those without reliable internet or DSC.

How Much Does Trademark Rectification Cost in India?

The cost varies based on government fees and whether you hire professionals.

1. Government Fees (Filing TM-O Form)

Online Filing (E-Filing): ₹2,700
Offline Filing (Physical Filing): ₹3,000
Note: Fees are per application, not per correction.

2. Professional Fees (Legal/Consultancy Charges)

Varies widely: typically ₹3,000 to ₹15,000 or more, excluding government fees.
Depends on:
- Case complexity (simple clerical fixes vs. fraud or non-use cases).
- Experience of attorney or service provider.
- Scope of service (filing only vs. full legal support including hearings).
Complex cases may incur higher charges.

3. Additional Potential Costs

Evidence collection (market surveys, investigator fees).
Hearing-related legal fees.
Notarization, courier, and miscellaneous expenses.

What Happens After Filing a Rectification Application?

Acknowledgment: You get confirmation that your application is received.
Examination: Registrar reviews application validity and grounds.
Notice to Proprietor: Trademark owner is notified and given time (usually 30 days) to respond.
Counter-Statement: Owner may file defense; if no reply, proceedings continue ex parte.
Evidence Submission: Both parties submit affidavits, documents, usage/non-use proof.
Hearing: Registrar may hold a hearing where both parties argue their case.
Final Order: Registrar issues decision to rectify (correct/remove) or reject the application.
Appeal: Dissatisfied parties can appeal to IPAB or relevant High Court.

Trademark Rectification Certificate

This certificate is issued once rectification is approved. It confirms:

Corrected proprietor name and address.
Updated trademark details (class, goods/services).
Rectification order reference and date.
Registrar’s name and seal.

How to Download the Trademark Rectification Certificate?

Visit the official Trademarks Registry website.
Select Trademark Application / Registered Mark.
Choose National/IRDI Number.
Enter your trademark application/registration number and captcha.
Click View.
Click your trademark number shown.
Select View Registration Certificate.
Download the updated certificate PDF if available.

How to Check Status of Trademark Rectification Online?

Visit IP India Website.
Go to the Trademarks section.
Click on Public Search or Trademark Application/Registered Mark.
Select search type as National/IRDI Number.
Enter your application/registration number and captcha.
Click View/Search.
Look for statuses like:
- Rectification Filed — Application filed.
- Rectification Proceedings — Ongoing process.
- Under Hearing / Show Cause Hearing — Hearing stage.
- Removed — Trademark removed from register.
- Registered — Rectification dismissed; mark remains registered.
Check Document History for filings and orders.

Frequently Asked Questions (FAQs)

Your questions, answered clearly by Taza Financial Consultancy Private Limited.

1. Can I file rectification for someone else's trademark in India?

Yes, any "aggrieved person" who believes a trademark is wrongly registered or contains errors can file a rectification application, even if they are not the owner.

2. Can I apply for a trademark if a rectification application is filed against it?

Yes, you can still apply for a trademark. However, if a rectification application is pending against a similar or identical mark, it may affect the registration process or cause delays.

3. How do I change the class of my registered trademark?

Trademark classes cannot be changed after registration. If you want protection in a different class, you must file a new trademark application for that specific class.

4. How long does the trademark rectification process take?

The duration varies based on case complexity but typically ranges from 6 months to 1 year or more, depending on evidence, hearings, and responses.

5. Where do I file a trademark rectification application?

You file the rectification application with the Trademark Registry office having jurisdiction over the original trademark’s registration or the principal place of business of the applicant/respondent. Online filing via the official IP India portal is also available.

6. How to rectify a trademark?

To rectify a trademark, file Form TM-O with the Trademark Registry along with a detailed Statement of Case explaining the grounds for rectification. Submit supporting documents, pay the prescribed fees, and follow the legal procedure involving notices, counter-statements, evidence exchange, and hearings until a final order is passed.

Why Choose Taaza Private Limited Company?

Expertise You Can Trust:
Taaza Private Limited Company brings years of professional experience in trademark services, ensuring your brand’s intellectual property is protected with precision and care.

Comprehensive Trademark Rectification Support:
Whether it’s fixing clerical errors, updating ownership details, or responding to objections, we handle every aspect of trademark rectification smoothly and efficiently.

Fast and Hassle-Free Process:
Our streamlined online process makes filing trademark rectification quick and convenient—saving you time and avoiding unnecessary delays.

Legal Excellence:
Our skilled legal team guides you through every step, ensuring your application is error-free and compliant with all legal requirements.

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