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Trademark Rectification

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About Trademark Rectification

On successful trademark registration, you may breathe in complete relax mode, well of course it was not easy to get the trademark registration certificate, however, what if one day you receive a rectification notice, which is initiated by the third party against your trademark registration.

Before we go in deep into the subject you must know what is trademark rectification and when does it appear in a trademark registration?

Trademark rectification refers to any kind of alteration, change, modification, or rectification in any registered trademark or in the Register of Trademarks and is known as trademark rectification or rectification of the trademark register, by such aggrieved party.

The rights regarding the trademark rectification in India is governed by the Chapter VII of the Trade Marks Act of 1999. Under section 57 of the Trademark Act 1999, any person aggrieved of such entry in the trademark register can file an application of the trademark rectification. However in certain case, the consequences can be cancellation of the trademark registration.


Due to the latest

Due to the latest knowledge or advancement.

Due to Non-use

Due to Non-use of any registered trademark for over 5 years by the registered owner.

Due to Non-renewal

Due to Non-renewal of the original or previous registration of the trademark

In cases where inclusion

In cases where inclusion or addition of certain more class (es) of goods or services to the business gamut of the registered trademark.

Conditions which are non-conformance

Conditions which are non-conformance to any or more grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.

The certain omission

The certain omission of an entry e.g. a disclaimer, a condition or a limitation.

Where the registration

Where the registration was obtained by misrepresentation of, facts, similar to an earlier mark registered and lacks sufficient cause for registration.

Cases where the mark

Cases where the mark was wrongly remaining on the register and causing or likely to cause confusion.

When the renewal fee

When the renewal fee has not been paid.

Document Required

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.

Who Can File Trademark Rectification

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.

Frequently Asked Questions

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.


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