Trademark Rectification & Removal
A competitor holding a mark they do not use, or a registration that should never have been granted? We help you file for removal or correction.
Quick answer
Rectification under Section 57 of the Trade Marks Act, 1999 lets an aggrieved person apply to have a mark removed or corrected on the register, for example because it was wrongly registered or is no longer in use (Section 47 covers removal for non-use). After the abolition of the IPAB, such applications are heard by the competent High Court.
Key facts
- Section 57: cancellation or variation of a wrongly entered or remaining entry.
- Section 47: removal for non-use, generally where a mark has not been used for a continuous period of five years and three months after registration.
- Corrections to the register, such as owner name or address, are separate and simpler.
- These matters involve evidence, so records of your own use are important.
- Procedure and forum can change; we confirm the current position before filing.
Typical situations
- A third party registered your brand name before you
- The registered owner has never used or has stopped using the mark
- The registration contains an error that must be corrected
How the process works
- Assess groundsWe review the register entry and your evidence.
- Draft the petitionThe grounds and supporting material are prepared.
- File in the proper forumThe application is filed before the competent authority or High Court.
- Follow the proceedingWe coordinate pleadings, evidence and hearings.
Frequently asked questions
Can a trademark be removed for non-use?
Yes, if it has not been used for the statutory period, a person aggrieved can apply for its removal.
Who can file for rectification?
Any aggrieved person, which usually means someone with a genuine interest such as a competing user.
Is this the same as opposition?
No. Opposition comes before registration; rectification comes after the mark is registered.
Talk to Trademark Wale
Share your brand name or application number on WhatsApp and get a clear, no-pressure answer on the next step.
WhatsApp usCall +91 90822 76901