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Trademark Rectification - An Overview

Are you confused with trademark rectification after obtaining trademark registration? Don’t worry; in such cases, the team of IP experts from Corpbiz is at your service to help you.

Trademark Rectification is the legal process used to correct an error or omission that has occurred after a trademark has been registered and recorded in the Trademark Register. Such errors may include incorrect details entered during registration or instances where a trademark remains on the register even after its expiry. The Indian Trademark Act offers a remedy in these situations by allowing affected parties to file for rectification.

In India, Trademark Rectification is governed by Chapter VII of the Trade Marks Act, 1999. According to Section 57 of the Act, any person aggrieved by an entry in the Trademark Register may file an application for rectification or cancellation.

If not done correctly or if the grounds are insufficient, the application may result in the cancellation of the trademark registration altogether. To get legal assistance in trademark rectification, talk to our IP professionals at Corpbiz.

Trademark Rectification
Trademark Rectification

What is Trademark Rectification?

Firstly, a trademark is an intellectual property right that protects a unique mark, symbol, design, expression, or other feature that distinguishes a product from others in the market. For a trademark to be valid, it must comply with the provisions of the Trademark Act. If there is any error in the registered trademark, a legal process known as trademark rectification is followed to correct the mistake and ensure the trademark becomes eligible for proper registration.

Trademark rectification is the legal procedure used to correct or remove any errors or omissions in the details of a trademark as recorded in the trademark register. Sometimes, a trademark may be wrongly registered during the registration process or may continue to remain on the register even after its validity has expired. In such cases, the Indian Trademark Act provides a remedy by allowing an application for rectification or cancellation of the registered trademark.

Benefits of Trademark Rectification in India

Given below are the benefits of trademark rectification in India-

Benefits of Trademark Rectification
Ease of Access & Doing Business

Correcting Mistakes

The trademark registration process is indeed complex, and mistakes may take place. The trademark rectification allows corrections to such mistakes that have taken place during the registration process. This also includes spelling errors of a trademark, inaccurate descriptions or incorrect classifications.

Transparency and Time-Bound Processing

Updating Information

Companies do evolve over time, and accordingly, their branding may need to evolve with them. The rectification process allows such updates to a registered trademark, such as changes in company names, logos, or taglines. Overall, this ensures that the registered trademark remains relevant and reflects the current identity of the company.

Strengthens Foreign Publication

Strengthening Protection

It also strengthens the trademark protection. This also includes adding new goods or services to a registration that provides a broader protection against potential infringers. Additionally, trademark rectification also addresses gaps such as trademark registration of similar trademarks by competitors.

Lowers Greenhouse Gas Emissions

Enhancing Enforcement

It is easier to enforce a strong trademark, and rectification can help to enhance the enforceability of a trademark by ensuring that it is up to date and accurately reflects the branding of the company. This also helps in identifying the potential infringers and taking appropriate action to protect or safeguard the registered trademark.

Who can Apply for the Rectification of Trademark?

Given below are the individuals or entities who can apply for the rectification of trademark:

  • Person Aggrieved: Any person who is aggrieved by the trademark registered due to factors like similarity of the mark or trademark registration with a malicious intention is eligible to initiate the trademark rectification process. This can be filed at the concerned office with the relevant jurisdiction.
  • Trademark Holder: Whenever a trademark holder identifies mistakes or omissions related to their own trademark, they hold the right to raise such issues and file for a rectification. Therefore, it is not only an aggrieved person who can file a rectification application under the trademark law.
  • Third-Party: Here, third party refers to those parties who are not aggrieved or the owner of the trademark registration. They can file a trademark rectification when there is some sort of misunderstanding or where the use of the trademark infringes upon societal interests or as a part of society. Therefore, it is important to understand that entities can file a trademark rectification beyond just those who are directly affected or the owner of the trademark. It provides an option to the third party.

Grounds for Rectification of Trademark

The list of grounds under Section 57 of the Trade Marks Act (1999) for rectification of trademark is as follows:

  • Whenever any person feels aggrieved due to a violation or failure to fulfil the condition related to a trademark registered in India, they can file an application to the High Court or the Registrar. Accordingly, based on the grounds presented, the High Court or the Registrar may either cancel or vary the registration of the Trademark.
  • An aggrieved individual, due to the absence or omission of any entry in the trademark register, any entry made without sufficient cause, or any entry wrongly remaining on the register, can apply before the High Court or the Registrar. Accordingly, after review, the High Court or the Registrar may order the making, expunging, or varying of the entry as deemed appropriate.
  • Contravention or failure to observe a condition entered in the Register in relation to the registration of the mark.
  • When the entry made in the Register was made without any sufficient cause, or when the registration was obtained by fraud or misrepresentation of facts, or when the mark registered was similar to an already existing registered mark.
  • Any error or defect in any entry made in the Register.
  • When the entered mark was wrongly remaining on the Register when it is contrary to some of the provisions of the Act or is likely to confuse among the public and trademark.
  • When the trademark renewal prescribed fee is not paid.
  • In any proceeding under this section, the High Court or the Registrar has the authority to decide any question necessary or expedient in connection with the rectification of the register. This ensures that all issues are addressed effectively during the trademark rectification process.
  • The trademark rectification process may be initiated by the High Court or the Registrar. This is done by sending a notice to the concerned parties and granting them an opportunity to be heard. Accordingly, the High Court or the Registrar can make any order as specified.
  • On the order made by the concerned High Court for rectifying the register, a notice will be served upon the Registrar for rectification to the concerned Registrar in the prescribed manner. The Registrar, after receiving such notice, must rectify the register accordingly, ensuring that the necessary changes are made as per the order of the court.

Precautions to Prevent Trademark Rectification

The list of precautions to prevent a trademark rectification application from arising is as follows:

  • The registered trademark must be renewed within the prescribed timeframe to maintain its legal protection or status.
  • The trademark's distinctive character should be preserved, and it should not become deceptively similar to other marks.
  • The trademark registered should be unused for a period of five years.
  • Take legal action or restrain others from infringing your trademark.
  • While deciding the trademark, the applicant should avoid using generic terms, descriptive terms, or deceptive elements.
Trademark Rectification online
Documents for Trademark Rectification

Documents Required for Rectification of Trademark

The list of documents required for the rectification of trademark is as follows:

  • Form TM-P for the Trademark Rectification Application
  • Copy of Altered Trademark
  • Copy of the Trade Mark Registration Certificate issued by the Registrar
  • Copy of form of TM-A
  • Applicants' address proof and PAN card
  • Business Registration, PAN and GST
  • Power of attorney if an agent is involved

Trademark Rectification Process

The trademark rectification process is showcased in brief-

Document Submission

Choose the Appropriate Authority

Firstly, the applicant needs to determine the appropriate authority for the overall trademark rectification. It includes the Registrar of Trademarks (which handles minor and clerical mistakes) and the Intellectual Property Appellate Board (IPAB) for substantial changes such as cancellation or rectification of registered trademarks.

Choose the Correct Form

Followed by choosing the correct application form, such as TM-16 for correction or cancellation requested by the trademark proprietor, TM-M form for rectification or cancellation requested by the Registrar, TM_26 form for rectification or cancellation initiated by any aggrieved party. We help you select the right form.

Submit Documents

This is the stage where the applicant needs to provide all the necessary modifications, along with supporting documents with the trademark rectification application, such as identification or address verification. We help you with document submission.

Draft Application

Next, draft the application for trademark rectification in detail for proceeding with the trademark rectification process. We ease the process of drafting the application on your behalf.

Submit the Form

Followed by sending the drafted application along with the prescribed fees to the Registrar of the trademark.

Detailed Justification

Also, the applicant must provide a detailed justification for filling a trademark rectification application supported by adequate evidence.

Await Government Approval

Lastly, the Registrar will review the application and evidence submitted and accordingly make the necessary rectifications or changes in the registered trademark. We will let you know about the government approval at the earliest.

Points to Remember When Applying for Trademark Rectification

The list of key points to remember when applying for trademark rectification is as follows:

Regulation on Trademark Rectification
  • A separate application must be submitted by all the trademark registered users.
  • One application is required for only one change. In the case of multiple changes to the existing trademark, a rectification filed in trademark must be separate for each change.
  • If multiple requests for the changes are mentioned in a single trademark rectification application, then only the first request is processed, and all others are declined.

Types of Trademark Rectification

The different types of trademark rectification are as follows:

  • Spelling Errors: Common mistakes while filing a trademark application, such as typographical errors like misspellings or wrong dates, can be corrected by filing a trademark rectification application before the concerned authority.
  • Changes in the Goods or Services (Reclassification): In case the applicant misclassified the goods or services during the trademark registration, then a rectification application may be filed to classify under the correct Nice Classification.
  • Change of Ownership: Whenever any company ownership is changed as a result of a merger or acquisition or any other, such ownership can be changed by filing a trademark rectification application with the updated new owner.
  • Contact Information Updates: When there is any change in the address, phone number, or email, it should be updated through the trademark rectification process in order to receive proper communication from the trademark office on time.

Reason to Trust Corpbiz for Trademark Rectification

Corpbiz is India’s most trusted group of IP professionals who help business owners and individuals with trademark registration and rectification. We leave no stone unturned in offering you the best IP consulting and advisory services. Given below are the reasons to trust Corpbiz for trademark rectification-

Obtain a Trademark Rectification

10,000+ Successful Trademark Rectifications

At Corpbiz, we have successfully completed 10,000+ trademark rectifications. Our IP experts ensure the protection and security of your brand.

Assistance in Documentation

10+ Years of Legal & IPR Expertise

With over a decade of experience, Corpbiz has a proven track record in handling trademark matters, including rectification, registration, opposition, and renewal.

Submission of Form

Expert Trademark Rectification Consultants

Our dedicated legal team specializes in rectifying errors in the Trademark Register, ensuring accuracy, compliance, and protection of your brand rights.

Evaluation & Audit

End-to-End Documentation Support

From preparing rectification petitions to compiling necessary evidence and legal documents, we handle the entire paperwork to ease your burden.

Ecopreneurs

Precise Legal Assessment & Advisory

We conduct a detailed evaluation of your trademark status, identify discrepancies, and provide tailored legal advice for rectification under the Trade Marks Act, 1999.

online Trademark Rectification

Transparent & Efficient Legal Process

Our streamlined approach ensures that you are informed and updated throughout the rectification process with complete transparency.

online Trademark Rectification

Support for Various Rectification Scenarios

Whether it’s clerical errors, wrongful entry, non-use by the registered proprietor, or conflicting marks, we provide rectification support for a wide range of scenarios.

Trademark Rectification

Digitally Enabled Filing & Tracking

We utilize technology-driven platforms for swift preparation, online filing, and real-time tracking of rectification petitions with the Trademark Registry.

Trademark Rectification

Post-Rectification Monitoring & Compliance

Our role doesn’t end with rectification; we continue to monitor and advise on compliance to maintain the legal sanctity of your registered trademark.

Trademark Rectification

Faster Resolution of Rectification Cases

With structured workflows and experienced professionals, we fast-track the rectification process to minimize delays and potential disputes.

Trademark Rectification

Effective Coordination with Trademark Authorities

We cooperate effectively with the Trademark Registry and IP authorities to ensure prompt updates, hearing scheduling, and efficient case handling.

Trademark Rectification

24/7 Legal Support & Client Assistance

Our client support team is available round-the-clock to resolve queries, provide status updates, or assist with legal clarifications at any stage of your rectification process.

FAQs on Trademark Rectification in India

Have a look at the answers to the most asked questions.

One can file an application for rectification and cancellation of a trademark in an appropriate form before the trademark registry where the original application was filed or at the Appellate Board or the tribunal, and accordingly, they will order the action of rectifying or cancelling the trademark.

A trademark is the unique visual identity of a business brand in the form of a text, image, or anything else governed under the Trademark Act 1999. It can be the name of the business or the logo representing the business. It helps customers identify goods and services in the market.

A trademark rectification is a process of filing an application with the concerned Registry for corrections of errors or inaccuracies on the application for trademark or registration, such as a typographical error, updating ownership details, and changing the list of goods and services covered by the trademark.

In case the trademark errors are not cleared, potential hazards like the weakening of trademark rights may result in legal battles due to confusion with the owners of other trademarks registered.

You can avoid trademark rectification in the following ways:
  • Keep renewing your trademark registration.
  • Doing everything to protect the particular trademark and not letting it become deceptive or misleading.
  • Continuous use of the trademark for a long time and not keeping it unused for a period beyond 5 years.
  • Take immediate legal action as soon as any infringement is observed.

The term trademark cancellation talks about the application which are petitioned for the removal of any recently registered trademark (or service mark) from the register of trademarks.

Yes, you can make changes to the trademark application after filing by making amendments or corrections. However, such changes should generally be minor and not substantially change the identity of the mark or goods or services as covered. Meanwhile, in a major change condition, one may have to file a fresh application for the same.

The government-prescribed fees for trademark rectification are Rs. 2,700 in online mode and Rs. 3,000 in physical mode. The professional fees vary from professional to professional.

A trademark assignment is a legal process of transferring ownership of a trademark from one party (the assignor) to another (the assignee).

Any person aggrieved by the registration of a trademark can apply for rectification by showing the irregularities in the registration.

Section 57 of the Trademark Act, 1999 empowers the Registrar of trademark to cancel, corrections or amendments to the registered trademark if it appears to him that there is an error or omission in the register or if necessary to rectify the register for any other reason.

In general, a trademark rectification application is filed at the trademark office where the original trademark registration was initially submitted. The list of offices for trademark registration are Mumbai, Chennai, Kolkata, Delhi, Ahmedabad.

The time taken for a trademark rectification process widely varies from case to case; typically, it takes several months to a year or more. However, the timeline depends on factors like backlog at the trademark office and the complexity of the correction.

Once the trademark rectification is approved, the corrected information will be updated in the official trademark register, and accordingly, the applicant will receive a new registration certificate reflecting the changes.

Some of the potential risks of not rectifying trademark errors are the potential loss of trademark protection, various legal complications, and difficulties in enforcing trademark rights by the owner. Therefore, it is important to maintain an accurate trademark registration.

Some of the common errors that require trademark rectifications are spelling mistakes in the trademark, incorrect details about the trademark owner, errors in the specification of goods or services and inaccuracies in the graphical representation of the trademark.

You should consider trademark rectification when you discover or detect errors or inaccuracies in the registered trademark. It is essential to maintain the accuracy of your trademark registration to continue the trademark protection.

Authors

Written by Aarya Pokharel. Last updated on Nov 11 2025, 09:54 PM

Aarya Pokharel brings 3 years of solid experience in legal research and compliance. Her expertise spans tax filing, secretarial compliances, and advisory services, with a strong focus on delivering precise legal research and strategic advisory support.

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