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An application is to be made in triplicate on the requisite form
A statement of case, setting out the nature of the Applicant’s interest, facts upon which the case is based and the relief that is sought.
It can be filed by the owner of the trademark itself for removing the certain error.
It may also be filed by any other person or entity being aggrieved by such entry.
Note : that convincing evidence are to be submitted by the applicant, especially in the case of removal of any registered trademark of any other person/entity from the register of trademarks.
The term trademark cancellation refers to when an application is filed for removal of any previously registered trademark (or service mark) from the register of trademarks.
A usual practice done by the trademark applicant is that they file applications in all the 45 classes although the mark is actually used for one or two classes only. This is termed as defensive registration and the court has held in various cases that such registrations should not be encouraged.
Therefore, in case if your trademark rectification has been filed against you and it is established that no intention of actually using the mark with respect to the products and services the mark is present a petition for cancellation can be filed for removal of the mark from the trade register.
Do not get panic if you receive a rectification notice. Contact a trademark expert; respond professionally with clear evidence, the chance that your application will be cleared is high. So there's no reason for your application to be cancelled.
