Remove or correct a wrongly registered trademark from the IP India Register
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.
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.
Grounds Assessment
We assess the grounds for rectification — non-use, wrong registration, descriptiveness, or clerical error.
Evidence Compilation
We gather prior use evidence, advertising material, sales data, and any misrepresentation proof for non-owner petitions.
Form TM-26 Filing
Petition is filed before the Registrar of Trademarks with the evidence and grounds.
Hearing
A hearing date is assigned. We present arguments and evidence before the Trade Marks Officer or Registry.
Order
The Registrar passes an order — rectifying, removing, or maintaining the trademark on the Register.
Items marked Required are mandatory; others are situational.
Grounds & Evidence
Registration number, mark, class, and registered owner details
Non-use evidence, prior-right proof, or fraudulent registration documents
Your registration or proof of prior use
Authorisation
Authorises us to file and represent you in the rectification proceedings
Government Fees
TM-O rectification petition filing fee
Fee varies — Rs 3,000-9,000 depending on applicant type (individual vs. company)
Professional Fees
Trademark rectification package
Includes petition drafting, legal research, portal filing, hearing representation
* Government fees may vary. GST applicable on professional fees. Final pricing confirmed after review.
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.
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.
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.
Trademark Rectification
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