Registration is not always the end of the story. A mark obtained wrongly, or left unused for years, can be removed from the register through rectification. Equally, your own registration can be attacked, and must be defended.
Krishna TaxNova files and defends rectification petitions: petitions to remove blocking marks that were wrongly granted or never used, and defences that keep your registration alive.
What is Trademark Rectification?
Rectification under sections 47 and 57 of the Trade Marks Act allows an aggrieved person to seek removal or variation of a registered mark, on grounds such as registration without sufficient cause, non use for five years and three months, or entries made by fraud. Petitions are filed before the Trade Marks Registry or High Court, followed by evidence and hearing.
Who Should Apply for Trademark Rectification?
- Businesses blocked by a registered mark that is not actually in use
- Prior users whose name was registered by someone else
- Registrants served with a rectification petition
- Applicants whose registration cites a dormant conflicting mark
Benefits of Trademark Rectification
Clear the Path
Removing a dead or wrongly granted mark can unblock your own registration.
Non Use Strategy
Marks unused for the statutory period are removable, a powerful, underused remedy.
Defence Expertise
If your mark is attacked, we build the use and validity evidence to defend it.
Forum Selection
We choose between registry and High Court routes based on your case.
Litigation Support
Coordinated strategy if parallel infringement disputes are running.
Documents Required for Trademark Rectification
Keep these documents ready. You can upload them using the form on this page or send them to us on WhatsApp.
- Details of the mark sought to be rectified or defended
- Your trademark applications or registrations affected
- Evidence of the other side’s non use or bad faith, where available
- Your own use evidence: invoices, promotions, sales data
- Correspondence or legal notices exchanged
- Authorisation for representation
Step by Step Process for Trademark Rectification
-
Step 1: Merits Assessment
We investigate the target mark’s use and history and advise candidly on prospects.
-
Step 2: Petition Drafting
The rectification petition or counter is drafted with grounds and supporting affidavits.
-
Step 3: Filing
The matter is filed before the appropriate forum with fees.
-
Step 4: Evidence and Hearing
Affidavits are exchanged and the matter argued at hearing.
-
Step 5: Order Implementation
We follow the order through to actual register correction.
Trademark Rectification at a Glance
Estimated Timeline
Proceedings typically run 1 to 3 years
Governing Authority
Trade Marks Registry / High Court
Validity
Until final order
Government Fees
Government fee applies per petition
Why Choose Krishna TaxNova for Trademark Rectification?
Rectification is investigation plus advocacy. We build the factual record, market checks, archived web evidence, filing histories, that makes non use and bad faith arguments stick.
CA Led Team in Delhi
Your work is handled by a qualified Chartered Accountant team, not a call center. You get correct advice the first time.
Upload Documents Online
Share everything from your phone or laptop. Use the secure upload form on this page or simply WhatsApp us your documents.
Transparent Pricing
You approve a clear quote before we start. No hidden charges at any stage.
End to End Support
From document collection to final approval and post registration compliance, one team stays with you throughout.
Trademark Rectification: Frequently Asked Questions
When can a mark be removed for non use?
If it has not been used for a continuous period of five years and three months before the petition, it is vulnerable to removal. Token or fake use does not save it.
Someone registered my brand name before I could. Any remedy?
Yes. If you are the prior user, rectification on grounds of registration without cause or bad faith is available, supported by your use evidence. Timelines matter, so act quickly.
Can rectification and opposition happen together?
Opposition applies before registration; rectification after. If you missed the opposition window, rectification is usually the remedy against a now registered mark.
How do I protect my own mark from non use attacks?
Use it genuinely and keep dated evidence: invoices, ads, packaging. For marks in portfolio storage, we advise on maintaining defensible use.
How long does Trademark Rectification take?
In most cases the work is completed in Proceedings typically run 1 to 3 years. The exact time depends on how quickly documents are shared and on processing time at the department. We keep you updated at every stage.
What documents are needed for Trademark Rectification?
The key documents include details of the mark sought to be rectified or defended, your trademark applications or registrations affected, evidence of the other side's non use or bad faith, where available, your own use evidence: invoices, promotions, sales data. Our team shares a simple checklist after the first call so nothing is missed.
Can I complete Trademark Rectification fully online?
Yes. The entire process is online. Fill the form on this page, upload your documents or WhatsApp them to us, and our experts handle the filings. You do not need to visit any office.
Which authority handles Trademark Rectification?
Trademark Rectification falls under Trade Marks Registry / High Court. Krishna TaxNova prepares and files your application in the required format and responds to any queries raised by the department.
What is the validity of Trademark Rectification?
The validity is until final order. We send renewal and compliance reminders in advance so you never miss a due date.
Do you provide Trademark Rectification outside Delhi?
Yes. We are based in Delhi and serve clients across India. Since the process is fully online, your location does not matter. Documents can be shared through the website or WhatsApp.
Get Trademark Rectification Done by Experts
Fill in your details, upload your documents online or send them on WhatsApp. A qualified CA will review your case and call you back with the exact steps and a fixed quote.