Spotted an Error in the Trademark Register? You Can Get It Corrected – Legally.
The Trademark Register maintained by the Trademark Registry must always reflect accurate and up-to-date information. But what if your registered trademark has an error? Or worse, what if someone else’s trademark is wrongly affecting your rights?
That’s where Trademark Rectification comes in.
At Draft It Legal, we help businesses and trademark owners initiate or defend rectification proceedings, ensuring your brand identity and legal rights are fully protected.
What is Trademark Rectification?
Trademark Rectification is the legal process of correcting or removing any error or wrongful entry in the Trademark Register under the Trade Marks Act, 1999.
It can be filed by:
The trademark owner (for correcting their own entry)
A third party (if affected by a wrongful entry)
The Registrar of Trademarks (on own motion or public complaint)
Common Grounds for Trademark Rectification in India
Incorrect details in name, address, or class
Non-use of the trademark for over 5 years
Trademark wrongly registered or renewed
Breach of conditions during or after registration
Trademark registered with bad faith or misrepresentation
Trademark similar to an existing mark causing confusion
🛑 Note: Rectification can lead to partial correction, cancellation, or even removal of the trademark.
When Should You File a Trademark Rectification?
You should consider rectification if:
✅ You registered your mark but need to update owner details
✅ Your trademark was opposed and still got registered wrongly
✅ You want to challenge someone else’s conflicting registration
✅ You spot clerical, procedural, or legal errors in the register
✅ You want to remove a dormant or unused trademark blocking your registration
Trademark Rectification Procedure in India
Filing TM-O Form for rectification/cancellation
Grounds of Rectification submitted with supporting documents
Hearing Date Fixed by the Registrar
Evidence & Arguments Presented by both parties
Registrar’s Decision Issued – correction, cancellation, or rejection
⏱️ Timeframe: 6 to 12 months depending on complexity
Documents Required for Rectification
Affidavit explaining the grounds
Trademark registration certificate copy
TM application number or ID
Evidence supporting your claim (if third party)
Power of Attorney (if filing via agent/legal expert)
Government fee as per TM Rules
Draft It Legal – Your Legal Partner for Trademark Rectification
We’ve handled rectifications for startups, enterprises, IP attorneys, and global businesses. Whether it’s correcting your own entry or defending your mark from cancellation — we bring strategy + compliance to every case.
✅ Why Choose Us?
Trademark Rectification Experts
Personalized Filing & Representation
End-to-End Handling – From Form TM-O to Hearing
PAN-India Legal Service
Affordable, Transparent Pricing
Fast WhatsApp Support for Updates
FAQs – Trademark Rectification in India
Q1. Who can file a trademark rectification?
Anyone — the registered owner, aggrieved party, or even the Registrar — can file for rectification under the Trade Marks Act.
Q2. What if someone else tries to cancel my mark via rectification?
You’ll get a legal notice and hearing date. With expert support, you can present arguments and protect your registration.
Q3. Is there a deadline for rectification?
There’s no fixed deadline, but earlier you act, the stronger your case. Delay can weaken your claim.
Q4. Can I fix a typo or spelling error in my registered mark?
Yes, but only if it doesn’t materially alter the trademark or mislead its meaning. We help assess eligibility.
Q5. What if my trademark was wrongly renewed?
You or an affected third party can challenge that through rectification/cancellation proceedings.
Ready to Correct or Defend Your Trademark?
Whether you’re correcting a genuine error or protecting your brand from wrongful cancellation — we’re here to help.