Trademark Rectification

Remove or correct a wrongly registered trademark from the IP India Register

Validity: Not applicable — this is a one-time rectification proceedingHandled by verified compliance experts. 100% online process.

What is Trademark Rectification?

File a rectification petition (Form TM-26) to remove a competing mark wrongly registered in the Indian Trademark Register, or to correct errors in your own registration. Grounds include non-use, wrong registration, or misrepresentation.

Rectification petitions (Form TM-26) can be filed by any 'aggrieved person' before the Intellectual Property Appellate Board (IPAB, now merged into the High Court) or the Trademark Registry itself. Grounds include: the mark was wrongly registered, the mark is deceptive, or the mark was never used.

Who Needs Trademark Rectification?

Businesses that find a competing mark in the Register that conflicts with their own brand and was wrongly registered, and trademark owners who need to correct errors in their own registration details.

What's Included

Grounds assessment for rectification petition
Prior use evidence compilation (invoices, ads, sales data)
Form TM-26 filing before the Trademark Registrar
Hearing representation before the Trade Marks Officer
Order monitoring and next-step guidance

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How It Works

1
Grounds Assessment
We assess the grounds for rectification — non-use, wrong registration, descriptiveness, or clerical error.
2
Evidence Compilation
We gather prior use evidence, advertising material, sales data, and any misrepresentation proof for non-owner petitions.
3
Form TM-26 Filing
Petition is filed before the Registrar of Trademarks with the evidence and grounds.
4
Hearing
A hearing date is assigned. We present arguments and evidence before the Trade Marks Officer or Registry.
5
Order
The Registrar passes an order — rectifying, removing, or maintaining the trademark on the Register.

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Documents Required

Items marked Required are mandatory; others are situational.

Grounds & Evidence

Details of the trademark to be rectifiedRequired
Registration number, mark, class, and registered owner details
Documentary evidence for grounds of rectificationRequired
Non-use evidence, prior-right proof, or fraudulent registration documents
Your trademark or business details (if claiming prior rights)
Your registration or proof of prior use

Authorisation

Signed Power of Attorney (Form TM-48)Required
Authorises us to file and represent you in the rectification proceedings

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Fees & Pricing

Government Fees

TM-O rectification petition filing fee

Fee varies — Rs 3,000-9,000 depending on applicant type (individual vs. company)

Varies

Professional Fees

Trademark rectification package

Includes petition drafting, legal research, portal filing, hearing representation

Varies

* Government fees may vary. GST applicable on professional fees. Final pricing confirmed after review.

Frequently Asked Questions

Who can file a rectification petition?

Any 'aggrieved person' — typically someone whose own trademark application or business is affected by the registered mark. The Registrar can also suo motu rectify the register.

What is the time limit for filing a rectification petition?

There is no time limit for rectification based on non-use or wrong initial registration. However, for some grounds, delay can weaken your case — filing early is advisable.

What is the difference between trademark opposition and rectification?

Opposition is filed during the publication stage (before registration). Rectification is filed after the mark is already registered. Both seek to prevent or remove a mark, but at different stages.