Trademark Rectification

Trademark Rectification Services

Trademarks play a vital role in safeguarding your brand identity. However, even after registration, errors or outdated information may need to be corrected. That’s where Trademark Rectification comes in — a legal process to amend or remove inaccuracies in the trademark register.

At Consult Your Counsel, we provide complete legal assistance for rectifying trademark records, ensuring your brand stays compliant and accurately represented in the official registry.

What is Trademark Rectification?

Trademark Rectification refers to the process of correcting or modifying entries in the trademark register. This could be due to clerical mistakes, outdated information, improper classification, or non-use of the trademark. The process is governed by the Trade Marks Act, 1999, specifically Section 57, and must be handled with care to avoid loss of rights.

Common Grounds for Rectification

You may need to file for rectification if:

• The trademark was registered with incorrect details (name, address, classification, etc.)
• Information in the application form was wrongly entered
• The mark has not been used for over 5 years and 3 months
• There are legal challenges raised by a third party or aggrieved person
• The mark was registered in bad faith or through misrepresentation
• Updates are required due to change in ownership or applicant details
   

Who Can File for Trademark Rectification?

• Trademark Owner: To correct or update their own registration details
• Aggrieved Person: Anyone affected by the presence of an erroneous or conflicting mark
• Third Party: Entities not directly involved but having a legitimate interest in rectifying the register
   

Applicable Forms for Rectification

• TM-16: Used by the registered proprietor for corrections
• TM-M: Filed when the Registrar initiates the rectification
• TM-26: Filed by any aggrieved party seeking rectification or cancellation
   

Jurisdiction for Filing

Trademark rectification applications are submitted to the appropriate Trademark Registry, based on the original filing location. The five regional offices are:

• Delhi
• Mumbai
• Chennai
• Kolkata
• Ahmedabad
   

Trademark Rectification Procedure

1. Application Drafting: A clear and precise petition is prepared, stating the grounds for rectification
2. Form Filing: The appropriate form (TM-16, TM-M, or TM-26) is filed with the Trademark Registry
3. Document Submission: Relevant evidence and identity documents are submitted
4. Verification: The Registry examines the application and supporting materials
5. Notice to Opposing Party: If filed by an aggrieved person, the trademark owner is notified
6. Hearing and Decision: After considering all evidence and arguments, the Registrar may order correction, cancellation, or continuation of the mark
    

Consequences of Rectification

• Incorrect or unused trademarks may be removed from the register
• The registration may be cancelled if the mark is misleading, wrongly classified, or not in use
• A corrected entry helps maintain brand clarity and legal protection
   

Why Choose Consult Your Counsel?

• End-to-end support from case assessment to hearing representation
• Well-drafted rectification applications tailored to your issue
• Experienced IP lawyers handling rectification, objections, and disputes
• Timely updates, transparent communication, and a client-first approach
• Full legal compliance with the Trade Marks Act and Rules 

Tagline for Trademark Rectification:

“Correct Your Trademark Records. Protect Your Rights — With Consult Your Counsel.”