Streamlined Trademark Rectification

Streamlined Trademark Rectification

  • Challenge and remove a wrongly registered trademark - or correct errors in the trademark register - through a rectification petition before the Trademark Registrar or High Court

Custom packages available starting from

₹1,999/-

Get Consultation Quote

Here's How It Works

Step 1

Grounds Assessment & Strategy

Grounds Assessment & Strategy

Step 2

Evidence Gathering

Evidence Gathering

Step 3

Petition Drafting & Filing

Petition Drafting & Filing

Step 4

Prosecution & Hearing

Prosecution & Hearing

What Our Clients Say

“Lawxygen provides top-tier support. Registration timelines were strictly followed with full transparency.”

Rahul Verma

Rahul Verma

Director, TechNexus

Here's What You'll Need

Challenge and remove a wrongly registered trademark - or correct errors in the trademark register - through a rectification petition before the Trademark Registrar or High Court.

  • Document
  • Notes / Format
  • Conflicting Trademark Registration Details
  • Registration number, class, proprietor details, and registration certificate of the mark sought to be rectified
  • Evidence of Non-Use (for non-use grounds)
  • Market evidence showing the mark has not been used - absence in trade directories, market surveys, online searches, absence from the proprietor's own website/marketing
  • Petitioner's Prior Rights Evidence
  • Registration certificates, prior use evidence, or other documents establishing the petitioner's rights in the relevant mark
  • Evidence of Fraud / Bad Faith (if applicable)
  • Documents showing the registration was obtained by misrepresentation or that the applicant had prior knowledge of the petitioner's rights
  • Power of Attorney
  • Authorising the trademark attorney to file and prosecute the rectification petition

Why Should I Use Lawxygen for Registering a Private Company Online in India?

Expert Lawyers

Services by certified professionals

Affordable

Pricing that respects founders

Fast Tracking

Efficient application clearance

Ready to start your business with limited liability? Lawxygen makes it simple and affordable.

!

Did you know?

Formal registrations protect your personal assets and increase brand perception exponentially.

Our automated compliance dashboards keep you updated proactively so you never miss a deadline.

Overview - trademark rectification Registration

What is it?

Trademark Rectification is a legal proceeding to cancel or modify an entry in the Trademark Register. It can be filed by any person aggrieved by the presence of a mark on the register - for example, because the mark was registered without valid grounds, is no longer distinctive, has not been used for 5 years, or was registered in bad faith.

Grounds for rectification

Non-use for 5 continuous years (Section 47) · Mark was registered without valid grounds · Registration was obtained by fraud or misrepresentation · Mark has become generic or commonplace (Section 57) · Proprietor failed to observe a condition/limitation imposed at registration · Mark is likely to cause confusion with the petitioner's prior rights.

Where to file

Rectification petition can be filed before the Trademark Registrar (office in whose jurisdiction the trademark was registered) or the Intellectual Property Appellate Board (IPAB) / High Court. Counter-claim for rectification can also be raised in infringement proceedings.

Difference from Opposition

Opposition is filed against a pending application during the 4-month opposition window after publication. Rectification is filed against a mark that is already registered - there is no time limit for rectification on most grounds, but non-use rectification requires 5 years of continuous non-use.

Benefits - Benefits of Company Registration Online Using Lawxygen

Who Usually Requires This?

The Trademark Rectification solution matches perfectly with these profiles:

  • Profile
  • Why It Applies
  • Profile
  • Why It Applies
  • Businesses blocked by a conflicting registered trademark
  • If a competitor's registered trademark is blocking your own trademark application, preventing your registration, or being used to threaten your business - and that mark was wrongly registered - rectification is the appropriate remedy.
  • Companies where the registered owner has not used the mark for 5+ years
  • A trademark that has not been genuinely used in India for 5 consecutive years is vulnerable to rectification on non-use grounds. If a conflicting mark owner has abandoned use, rectification clears the way for your registration.
  • Businesses facing infringement claims from owners of questionable registrations
  • When a trademark infringement claim is based on a registration that appears to have been obtained fraudulently or without valid grounds, a rectification petition is a strong counter-measure.
  • Companies that failed to oppose in time
  • If you missed the 4-month opposition window and the trademark has since been registered, rectification is the post-registration remedy - available as long as valid grounds exist.

How It Works

Execution is straightforward. Hand over the details and relax.

Consultation Request

Drop your inquiry.

Data Preparation

Our agents format the forms via robust checks.

Execution

Final approvals fetched from the regulating authorities.

Expected Additional Levies

  • Filing Fees to Government
  • E-Stamp Duties according to state norms
  • Processing Levies based on capital limits

Core Advantages to Remember

Avoid Penalties

Better Market Position

Standardized Documentation

FAQ's