Trademark Rectification
Filing or defending rectification petitions to correct an error on the Register, or to cancel a mark that was wrongly registered or has not genuinely been used.
Trademark rectification is a proceeding under Section 57 of the Trade Marks Act, 1999 to correct, cancel or vary an entry on the Register. A rectification petition can be filed by an aggrieved person before the Registrar or the relevant High Court, commonly on grounds that the mark was wrongly registered, has become generic, was registered without a bona fide intent to use, or has not been used for five years and three months since registration.
What our rectification practice covers
Cleaning up the Register, or defending a mark against removal.
- Assessing whether a competitor's registered mark is vulnerable to rectification on grounds of non-use or wrongful registration
- Drafting and filing rectification petitions before the Registrar or the appropriate High Court
- Defending registered marks against rectification petitions filed by third parties
- Compiling evidence of continuous use to counter a non-use cancellation claim
- Correcting genuine clerical errors on the Register, such as an incorrect proprietor address
- Advising on the interplay between pending rectification and ongoing infringement or opposition proceedings
Common grounds for rectification
Not every rectification petition is about non-use.
Non-Use Cancellation
Filed when a mark has not been used for five years and three months from the date it was actually registered.
Wrongful Registration
Filed where the mark should never have been registered, for instance because it was descriptive or conflicted with a prior mark.
Clerical Correction
Used for genuine errors on the Register, such as a misspelt name or an outdated address, rather than a substantive dispute.
Bad-Faith Registration
Filed where a mark was registered without any genuine intention to use it, often to block a competitor.
Our process
From initial consultation to completion.
Ground Assessment
Reviewing the registered mark's use history and registration record to identify a valid ground.
Petition Drafting
Preparing the rectification petition with supporting evidence and filing it before the appropriate forum.
Reply & Evidence
Exchanging counter-statements and evidence with the registered proprietor or petitioner.
Hearing & Order
Arguing the petition and tracking the order removing, amending or upholding the entry.
Why rectification needs a considered strategy
What sets our approach apart.
Non-use claims require careful evidence review first
A rectification petition filed without checking the registered proprietor's actual use history can be met with strong counter-evidence.
Rectification and infringement often run together
A rectification petition is frequently filed as a defence when a party is accused of infringing a mark it believes is invalid.
Jurisdiction affects strategy and timelines
Choosing between the Registrar and the High Court, where available, changes procedure, cost and how long the matter takes.
Trademark Rectification questions answered
What people ask before engaging us.
Considering a trademark rectification?
We will assess the grounds and represent you before the Registrar or the appropriate court.
