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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
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How It Works

  1. 1

    Grounds Assessment

    We assess the grounds for rectification — non-use, wrong registration, descriptiveness, or clerical error.

  2. 2

    Evidence Compilation

    We gather prior use evidence, advertising material, sales data, and any misrepresentation proof for non-owner petitions.

  3. 3

    Form TM-26 Filing

    Petition is filed before the Registrar of Trademarks with the evidence and grounds.

  4. 4

    Hearing

    A hearing date is assigned. We present arguments and evidence before the Trade Marks Officer or Registry.

  5. 5

    Order

    The Registrar passes an order — rectifying, removing, or maintaining the trademark on the Register.

Timeline

  1. 1
    Day 1

    Grounds for rectification identified and documented

  2. 2
    Day 5

    TM-O (rectification petition) drafted

  3. 3
    Day 10

    Petition filed before the Trademark Registry or IPAB

  4. 4
    Day 90

    Counter-statement received from the registered owner

  5. 5
    Day 180

    Evidence, hearings, and order — timeline varies by case

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Trademark Rectification

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