Overview
Trademark Rectification is the process of removing an incorrectly registered or invalidly maintained trademark from the Register. Applications for rectification can be filed before the Trade Marks Registry or the High Court (Intellectual Property Division) by any aggrieved person — most commonly a competitor blocked from registering a similar mark, or a business that was using the mark before the registered owner.
The strongest ground for rectification is non-use for 5 consecutive years from registration — if the registered owner cannot prove actual use of the trademark in India during this period, the mark can be removed. Other grounds include generic use (the mark has become the common name for the goods), fraudulent registration, and registration contrary to absolute grounds. MFiling investigates the registered mark, prepares the rectification petition, compiles evidence of non-use or misuse, and prosecutes the matter through Registry proceedings or High Court.
MFiling professional charges: from Rs.7,999 for rectification petition preparation and filing.
Key Benefits
Documents Required
How it Works
Verify registration status, date, owner, and current use through IP India database and market investigation.
Identify strongest ground — non-use, generic use, fraudulent registration, or absolute ground violation.
Compile non-use evidence (market investigation, no products found) or prior use evidence (invoices, ads).
Draft petition citing grounds and supporting evidence — filed at Registry or High Court IP Division.
File with Trade Marks Registry or jurisdictional High Court with applicable fee.
Registered owner is served with petition and given opportunity to respond.
Both parties file evidence; Registrar or Court conducts hearing and passes final order.
Frequently Asked Questions
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