Trademark Rectification
Correct an error in your own registration, or file a rectification petition to remove a wrongly registered or unused competing mark from the register. We handle error verification, Form TM-O drafting and filing, with continuous follow-up until correction is complete.
Starting at ₹5,999**Professional fee only — the government fee for Form TM-O (which depends on applicant type) is additional and quoted upfront before you proceed.
What Is Trademark Rectification?
Trademark rectification is the legal process of correcting, updating or removing an entry in the Register of Trademarks after registration. It covers two broad situations: fixing your own registered mark's clerical errors — a wrong name, address, spelling or classification — and filing a petition against a competing registered mark that was wrongly registered, or has remained unused for a continuous period, to have it removed from the register. Both are filed using Form TM-O with the Registrar of Trademarks, though the grounds, evidence and process differ. Rectification petitions are governed by Sections 47 and 57 of the Trade Marks Act, 1999 — Section 47 covers removal for non-use, and Section 57 covers correction or cancellation of an entry.
Who Should Apply for Trademark Rectification?
Registered trademark owners — individuals or companies whose trademark has been registered with incorrect details, spelling errors, or classification mistakes.
Applicants with clerical errors — those whose trademark application contains typographical errors, wrong ownership details, or inaccurate brand descriptions.
Businesses facing trademark objection or opposition — where the mark was incorrectly recorded or opposed due to an administrative mistake.
Owners with a change in business details — trademark owners who have changed their address, ownership structure, or contact information after registration.
Businesses wanting to remove a competing mark — parties affected by a wrongly registered or long-unused competing trademark blocking their own brand.
Trademark agents or legal representatives — professionals managing multiple client trademarks who need to correct entries on behalf of their clients.
What's Included in Our Rectification Service
Error Correction Rectification
Fix clerical errors in your own registered trademark entry.
Removal Petition (Non-Use)
Remove a competing mark unused for 5+ years from the register.
Petition Drafting & Filing
Filed before the Registrar or the appropriate appellate forum.
Counter-Statement Support
If you're defending your mark against a rectification petition.
Documents Required (Scanned Copies or Photos)
Trademark registration certificate — or the trademark application number / TM-A copy.
PAN & Aadhaar card — of the proprietor, company, or authorised signatory.
Proof of correct details — supporting documents for the correct ownership, spelling, or classification being sought.
Address proof of applicant — electricity bill, property tax receipt or rent agreement.
Power of Attorney (TM-O Form) — authorising our team to represent you before the Registrar.
Passport-size photograph — of the proprietor or authorised signatory.
How It Works
Review & Consultation
Share your registered trademark details or application number; we review the Trademark Register to identify any discrepancies or incorrect entries.
Error Verification
We verify the type of error — clerical, ownership, classification, or detail-related — and determine the correct rectification procedure under the Trade Marks Act.
Document Submission
Upload the necessary documents, including the trademark certificate, application copy, and proof of correct details, for review before filing.
Application Filing
We file a Trademark Rectification Application (Form TM-O) with the Registrar of Trademarks to correct or update the existing record.
Examination & Follow-Up
We track the rectification process, respond to official queries, and keep you updated until correction is completed.
Rectification Approval & Certificate
Once approved, the corrected details are officially updated in the Trademark Register, and you receive the updated certificate.
Estimated Processing Time
Rectification proceedings typically take 3-6 months for standard corrections, depending on the type of rectification and the Registrar's response. Contested petitions — such as removal of a competing mark on grounds of non-use — can take significantly longer, often a year or more, if hearings and evidence exchanges are involved. Fast-track filing is available for an additional government fee where a quicker outcome is needed.
Common Mistakes to Avoid
Filing a rectification application without a strong legal ground, such as genuine non-use or a wrongly entered mark.
Missing the applicable limitation period for certain rectification grounds.
Not gathering clear evidence of continuous non-use over the required period before alleging it.
Approaching the wrong forum — rectification applications now go to the relevant High Court, not the erstwhile IPAB.
Frequently Asked Questions
What is trademark rectification?
Trademark rectification is the legal process of correcting an error or omission in the Trademark Register after registration, allowing owners to fix mistakes like wrong names, addresses or descriptions, or to remove a wrongly registered or unused competing mark.
When is a trademark rectification needed?
Rectification is needed when a trademark record contains incorrect information — such as spelling errors, ownership changes, wrong classification or other administrative mistakes made during or after registration — or when a party wants to remove a competing mark that was wrongly registered or has remained unused.
Who can file a trademark rectification?
A rectification can be filed by the trademark owner, a legal representative, or any interested party affected by an incorrect entry or a wrongly registered competing mark in the Trademark Register.
Can I remove someone else's unused trademark?
Yes, if a registered mark has not been used for a continuous period (typically 5 years and 3 months from the date of registration), an interested party can petition for its removal on grounds of non-use.
What documents are required for trademark rectification?
You'll need the trademark registration certificate or TM-A application copy, PAN and Aadhaar of the proprietor or authorised signatory, proof of the correct details being sought, address proof, and a Power of Attorney (Form TM-O).
How long does the rectification process take?
The rectification process generally takes 3 to 6 months for straightforward corrections, though contested petitions involving evidence and hearings can take a year or more.
What is the government fee for filing rectification?
The government fee for a trademark rectification (Form TM-O) depends on the applicant type — individual, startup/MSME, or company — and is quoted upfront before filing.
Can I file a rectification for an opposed or objected trademark?
Yes. If a trademark has been objected to or opposed due to a clerical or administrative mistake, a rectification can be filed to correct the record before proceeding further.
You May Also Need
Trademark Registration
Register a new brand name, logo or slogan.
Trademark Objection Reply
Respond to an examination objection within the deadline.
Trademark Opposition
Oppose a conflicting mark, or defend your own against opposition.
What are valid grounds for trademark rectification?
Common grounds include non-use of the mark for 5 years and 3 months, the mark being wrongly entered or remaining on the register without sufficient cause, or the registration being obtained fraudulently.
Where are rectification applications filed now?
Since the IPAB was abolished in 2021, rectification applications are filed directly with the jurisdictional High Court.