Trademark Rectification

What is Trademark Rectification?

Trademark Rectification allows:

• Correction of errors in a registered trademark

• Removal of wrongly registered trademarks

• Cancellation of trademarks obtained by fraud or misrepresentation

• Deletion of unused trademarks

An application for rectification can be filed by the registered owner or any aggrieved person.

Grounds for Trademark Rectification

• Incorrect details in the trademark register

• Trademark registered without sufficient cause

• Similar or identical mark wrongly registered

• Non-use of trademark for 5 continuous years

• Registration obtained through fraud or concealment

• Violation of legal provisions

Types of Rectification

1. Correction of Clerical Errors – Change in name, address, or minor details

2. Removal for Non-Use – If the trademark is not used for 5 years

3. Cancellation or Variation – Modification or complete removal of registration

Who Can File for Rectification?

• Trademark proprietor

• Aggrieved third party

• Competitors affected by wrongful registration

Documents Required

• Trademark Registration Certificate

• Details of disputed trademark

• Evidence supporting rectification claim

• Affidavit and supporting documents

Process of Trademark Rectification

1. Filing rectification application

2. Notice to the registered proprietor

3. Submission of counter statement

4. Evidence submission by both parties

5. Hearing (if required)

6. Order passed by the authority

How Logicway Advisors Can Help

We offer comprehensive support in Trademark Rectification:

• Case analysis and legal opinion

• Drafting rectification petition

• Evidence preparation

• Representation before authorities

• End-to-end follow-up

Protect Your Brand from Wrongful Registrations

If your trademark rights are affected or you need corrections in your registration, act promptly. Contact Logicway Advisors today for expert guidance and professional representation.