Two forums available: A rectification petition under Section 57 can be filed either before the Registrar of Trade Marks or before the High Court having jurisdiction. The choice of forum depends on strategy, urgency and the complexity of the matter.
What is Trademark Rectification?
Trademark rectification is the legal remedy available under Section 57 of the Trade Marks Act, 1999 to remove, cancel or amend an entry wrongly made in the Trade Marks Register, or to remove a mark that has remained on the register without legitimate reason. It is distinct from trademark opposition — rectification targets marks that have already been registered.
Any person aggrieved by an entry in the Trade Marks Register may file a rectification petition. This is broadly interpreted — it includes competitors, prior users, owners of earlier marks, and even the general public in certain cases. We handle rectification petitions on both sides — filing petitions to remove conflicting marks and defending registered trademarks against rectification challenges.
Grounds for Trademark Rectification
- Mark was registered without sufficient cause — did not meet registrability requirements
- Mark has remained on the register without legitimate reason — abandoned or not in genuine use
- Non-use for a continuous period of five years and three months from date of registration
- The registered proprietor is not the true owner — prior use established by the petitioner
- Registration was obtained by misrepresentation or fraud on the Trade Marks Registry
- The mark has become a common name in the trade for the article (genericness)
- The mark is likely to deceive or cause confusion due to a change in circumstances
- Incorrect entry — errors in proprietor name, class, specification or other details
Rectification vs Opposition — Key Difference
Filed during the 120-day publication window — before the trademark is registered. Prevents registration from being granted.
Filed after the trademark is already registered. Seeks removal or cancellation of an existing registration from the register.
Rectification Proceeding — Process
Case Assessment
We evaluate the strength of grounds, prior use evidence and forum strategy
Petition Drafting
Rectification petition drafted under Section 57 with full grounds and evidence
Filing
Petition filed before the Registrar or High Court as appropriate
Notice to Proprietor
Registered proprietor of the mark notified and given opportunity to respond
Evidence and Hearing
Evidence filed by both parties — oral hearing before the Registrar or Court
Order
If petition allowed — mark removed or varied in the Register
Defending Against a Rectification Petition
If your registered trademark has been challenged by a rectification petition, prompt action is essential. We represent registered proprietors in defending their trademarks against rectification challenges — filing counter-statements, compiling evidence of genuine use and prior rights, and appearing at hearings before the Registrar or High Court.
Non-use rectification: A trademark that has not been genuinely used in commerce for a continuous period of five years and three months from the date of registration is vulnerable to rectification on grounds of non-use. Maintain evidence of consistent trademark use — invoices, advertisements, product labels — to defend against non-use challenges.
Documents Required
Frequently Asked Questions
What is trademark rectification under Section 57?
Trademark rectification under Section 57 of the Trade Marks Act, 1999 is a legal proceeding to remove, cancel or vary an entry in the Trade Marks Register. It covers cancellation of wrongly registered marks, removal of marks that have remained on the register without legitimate reason, correction of errors, and removal of marks on grounds of non-use, fraud or genericness.
Who can file a trademark rectification petition?
Any person aggrieved by an entry in the Trade Marks Register can file a rectification petition. This includes competitors affected by the conflicting mark, proprietors of earlier registered or unregistered marks with prior use, and the Registrar himself in appropriate cases. The concept of "aggrieved person" is broadly interpreted by courts and the Registry.
Where is a trademark rectification petition filed?
A rectification petition can be filed either before the Registrar of Trade Marks at the appropriate Trade Marks Office, or before the High Court that has jurisdiction. The petitioner has a choice of forum. High Court proceedings tend to be more formal and expensive but may be faster for urgent matters or complex cases involving significant commercial interests.
What are the grounds for trademark rectification?
The principal grounds include: registration without sufficient cause; mark remaining on register without legitimate reason; non-use for five years and three months from registration; the registered proprietor not being the true owner; registration obtained by fraud or misrepresentation; the mark having become generic; and the mark having become deceptive due to changed circumstances.
What is the difference between trademark opposition and trademark rectification?
Trademark opposition is filed during the 120-day publication window — before the trademark is registered — to prevent registration from being granted. Trademark rectification is filed after the trademark is already registered, seeking to cancel or correct an existing registration. Both are adversarial proceedings but arise at different stages and before different forums.
Official Resource: For official information, visit the Trade Marks Registry, IP India — the authoritative government source for IP matters in India.