Trademark rectification is a process initiated to correct errors in the trademark register or cancel a trademark that violates statutory provisions. It helps maintain the integrity of the trademark registry and ensures fair use.

• Incorrect Details: Errors in the trademark’s name, class, or description.
• Non-Use of Trademark: Trademark not used for a continuous period of five years.
• Improper Registration: Registration obtained without valid grounds or in bad faith.
• Violation of Statutory Provisions: Trademark conflicts with existing laws or third-party rights.

• Section 57 of the Trademark Act, 1999, allows rectification for errors or modifications in the trademark register.
• Petitions can be filed with the Registrar of Trademarks or the Intellectual Property Appellate Board (IPAB).

• Correction of Errors: Modifications to rectify clerical mistakes or incorrect details.
• Cancellation: Removal of a registered trademark due to non-use or improper registration.
• Alteration of Details: Updating ownership, address, or classification details.

• Identify the specific grounds for rectification.
• Gather evidence to support the rectification claim.
• Ensure compliance with statutory timelines for filing rectification petitions.
• Verify all details before filing the application to avoid rejection.

• Step 1: Identify the need for rectification, such as incorrect details or statutory violations.
• Step 2: Gather evidence, including proof of non-use or improper registration.
• Step 3: Draft the rectification application, detailing the grounds and requested changes.
• Step 4: File the rectification application with the Registrar or IPAB.
• Step 5: Attend hearings if required and respond to any objections.

• Insufficient evidence to support the rectification claim.
• Delays in filing the rectification application within statutory timelines.
• Rejections due to procedural non-compliance or lack of merit.

• Copy of the original trademark registration certificate.
• Proof of non-use or evidence supporting the rectification claim.
• Detailed rectification application, including the grounds and requested modifications.
• Power of Attorney (if filed by an agent).

• Submit the rectification application with supporting documents to the Registrar or IPAB.
• Respond to any objections or oppositions raised during the process.
• Rectification decisions are typically resolved within 6-12 months, subject to complexity.

• Government Filing Fees: Rs. 3,000 per application.
• Professional Fees: For drafting, filing, and handling objections.
• Estimated Total Cost: Rs. 8,000 to Rs. 20,000, depending on professional assistance.