On what grounds can a trademark be rectified or removed?

Common grounds include: the mark was registered without sufficient cause, the registration was obtained by fraud, the mark conflicts with a prior registered/unregistered mark, the proprietor had no bona fide intention to use it, or the mark has not been used for 5 years and 3 months.

Who can file a trademark rectification application?

Any "person aggrieved" can file — this includes competitors, trademark applicants whose marks were refused due to the cited registration, and anyone whose business interests are adversely affected by the registered mark.

Where is the rectification application filed?

The application (Form TM-26) can be filed before the Registrar of Trademarks at the appropriate trademark office having jurisdiction based on the registered proprietor's address, or directly before the High Court.

What is the filing fee for trademark rectification?

The government fee for filing Form TM-26 before the Registrar is ₹3,000 per class for individuals and ₹5,000 per class for entities. E-filing attracts a 10% discount. High Court filing fees vary by jurisdiction.

How long does trademark rectification take?

Proceedings before the Registrar typically take 12–24 months, while High Court proceedings may take longer depending on the court's schedule. The timeline depends on evidence complexity, counter-statements, and hearing schedules.

Can a registered trademark owner defend against rectification?

Yes. The registered proprietor receives notice and has 2 months to file a counter-statement with evidence defending the validity of their registration. They can present arguments during the hearing to oppose the rectification.

How does Your Professionals help with trademark rectification?

Your Professionals provides comprehensive support — evaluating the merits of your case, gathering evidence, drafting the TM-26 application and Statement of Case, filing before the appropriate forum, and representing you throughout the proceedings.

Trademark Rectification – Fast & Reliable

What is Trademark Rectification?

Trademark rectification is the legal process of correcting or modifying entries in the Indian Trademark Registry. This ensures the accuracy and validity of registered trademarks. It is a crucial mechanism to address errors, omissions, or circumstances that make a registered trademark legally untenable.

Think of it as a clean-up operation for the trademark database, ensuring that only valid and rightful registrations remain.

Requirements

Eligibility Criteria

1

All individuals and entities requiring IP protection services

Paperwork

Documents Required

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Step by Step

Registration Process

1

Step 1: Drafting the Application and Statement of Case

2

Step 2: Filing the Application with the Trademark Registry

3

Step 3: The Registrar Sends a Notice to the Trademark Owner

4

Step 4: Filing the Counter-Statement to Defend Your Trademark

5

Step 5: Submitting Evidence and Affidavits from Both Sides

6

Step 6: The Hearing Process

7

Step 7: The Final Order and Its Impact on the Register

Pricing

Fees & Charges

Fee Component	Amount
1. Government Fees (Official Fees for Filing TM-O)	This is the mandatory fee paid to the Trademark Registry for applying for rectification of a trademark in India (Form TM-O).; Online Filing (E-Filing): Rs. 2,700; Offline Filing (Physical Filing): Rs. 3,000; Note: This fee is per application for rectification, not per error or change.
2. Professional Fees (Legal/Consultancy Charges)	Many individuals and businesses choose to engage trademark attorneys, legal firms, or online service providers to handle the procedure for rectification of a trademark due to its legal complexities.; Typical Range: While highly variable, professional fees for a standard rectification of trademark can typically range anywhere from Rs. 3,000 to Rs. 15,000 or more, excluding government fees, for the basic filing and drafting services. Complex cases, especially those involving hearings and extensive evidence, could incur higher legal costs.; Varying Costs: These professional fees can vary significantly based on:
3. Additional Potential Costs:	Evidence Collection: If you need to conduct market surveys, obtain specific documents, or hire investigators to gather evidence for your grounds for rectification of trademark (especially for non-use or deceptive marks), these would be additional expenses.; Hearing Fees: While there might not be a direct government fee for attending a hearing, your legal representative will charge for their appearance and arguments during the hearing process.; Miscellaneous: Costs for notarization of affidavits, courier charges, etc.

Benefits

Key Advantages

Is Trademark Rectification the Same as Cancellation or Opposition?

While all three involve challenging a trademark, they serve different purposes.

Common Questions

Frequently Asked Questions

Trademark rectification is a legal proceeding under Section 57 of the Trade Marks Act, 1999, that allows any aggrieved person to apply for the correction, modification, or removal of a trademark entry from the Register of Trademarks.

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