Trademark Rectification

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

Timeline: 6–24 months (depends on Registry workload)Validity: Not applicable — this is a one-time rectification proceeding

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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Trademark Rectification

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