Section 57 Rectification
File rectification applications under Section 57 of Trade Marks Act 1999 to correct or remove wrongful entries from the trademark register through the IPAB or Registry.
Trademark Rectification Services in India
File trademark rectification under Section 57 of the Trade Marks Act, 1999. Remove wrongful registrations, correct errors in the trademark register, and protect your brand rights. Starting at just Rs. 3,999 with 100% online process.
Free consultation available. Our experts will call you within 30 minutes.
Overview
What is Trademark Rectification in India?
Trademark rectification is a legal remedy available under Section 57 of the Trade Marks Act, 1999 that allows any person to apply to the Trade Marks Registry or the Intellectual Property Appellate Board (IPAB) for the correction or removal of an entry in the trademark register. This provision ensures that the trademark register remains accurate and free from wrongful entries that were registered without sufficient cause, obtained through fraud, or violate provisions of the Act.
The rectification process serves as a crucial mechanism to maintain the integrity of the trademark register. It empowers trademark owners and third parties to challenge registrations that infringe upon existing rights, were obtained through misrepresentation, or have not been genuinely used for more than five years. At VakilExpert, our experienced IPR attorneys have successfully handled numerous rectification cases, helping clients remove wrongful trademarks and protect their valuable brand identities.
Section 57 of Trade Marks Act 1999
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Our Services
Trademark Rectification Services
Comprehensive trademark rectification solutions to protect your brand rights.
Wrongful Registration Removal
Remove trademarks that were registered fraudulently, without sufficient cause, or in violation of the Trade Marks Act. Protect your brand from infringing registrations.
Non-Use Removal
Apply for removal of trademarks that have not been used for a continuous period of 5 years. Keep the trademark register clean and available for genuine users.
Trademark Restoration
Restore a trademark that was removed from the register due to non-renewal or non-use. File restoration applications with supporting evidence within the prescribed time limit.
Correction of Entries
Correct clerical errors, spelling mistakes, or incorrect details in the trademark register. Ensure your trademark registration accurately reflects your brand identity.
Legal Representation
Expert legal representation before the IPAB and Trade Marks Registry. Our attorneys present strong arguments with evidence to ensure successful rectification outcomes.
Types
Types of Trademark Rectification
Different grounds and types of trademark rectification under Indian law.
Section 57 Application
Application to the Registry or IPAB for removal of a trademark entry that was registered without sufficient cause or in violation of the Trade Marks Act 1999.
Non-Use Grounds
Rectification based on non-use of the trademark for a continuous period of 5 years and 3 months. Requires evidence proving no genuine use of the mark in India.
Wrongful Registration
Removal of a trademark that was registered through fraud, misrepresentation, or where the applicant was not the true proprietor of the mark at the time of application.
Breach of Condition
Rectification when a registered trademark has been used in breach of conditions or limitations in the registration certificate, causing it to be liable for removal.
Correction of Register
Application to correct clerical errors, misspellings, or incorrect details in the trademark register including errors in the proprietor's name or address details.
Trademark Restoration
Restore a trademark removed from the register for non-renewal by filing a restoration application within the prescribed time with payment of restoration fees.
Our Process
How to File Trademark Rectification
4 simple steps to rectify your trademark registration.
Free Consultation
Share your trademark details. Our attorneys analyze your case, review the existing registration, and advise on the best rectification strategy.
Drafting Application
We draft the rectification application (Form TM-O) with detailed grounds under Section 57, supporting affidavits, and evidence to build a strong case.
Filing & Hearing
We file the application with the Trade Marks Registry or IPAB along with prescribed fees. Attend hearings and present arguments before the bench.
Final Order
The IPAB or Registry passes an order on the rectification application. On success, the trademark entry is corrected or removed from the register.
Documents Required
Documents for Trademark Rectification
Keep these documents ready for faster processing.
Copy of Trademark Registration Certificate
Copy of Trade Marks Journal Entry
Affidavit Supporting Rectification
Evidence of Non-use (if applicable)
Power of Attorney (Form 48)
Identity Proof of Applicant
Address Proof of Applicant
Details of Wrongful Registration
Legal Notice Copy (if sent to proprietor)
Benefits
Why Choose Trademark Rectification?
Correct Register Errors
Rectify errors and omissions in the trademark register to ensure accurate public records. Maintain the integrity of the trademark database for all stakeholders.
Remove Invalid Marks
Remove trademarks that infringe on your existing rights or were registered without proper cause. Clear the register of marks that should not have been granted.
Protect Your Brand Rights
Safeguard your brand identity by challenging wrongful registrations that could confuse customers or dilute your established trademark rights in the market.
Cost-Effective Solution
Trademark rectification is a more affordable alternative to lengthy court litigation. Resolve trademark disputes efficiently through the IPAB or Registry proceedings.
Expert Legal Handling
Our seasoned IPR attorneys have deep expertise in trademark law and rectification procedures. We ensure every case is presented with compelling legal arguments.
Timely Resolution
With expert handling and proper documentation, rectification cases are resolved efficiently. Most cases conclude within 12-18 months depending on complexity.
Frequently Asked Questions
FAQs about Trademark Rectification
Get answers to common questions about trademark rectification in India.
Trademark rectification is a legal procedure under Section 57 of the Trade Marks Act 1999 that allows any person to apply to the Trade Marks Registry or IPAB for the correction or removal of an entry in the trademark register. It addresses wrongful registrations, errors, and marks registered without sufficient cause or through fraud.
Valid grounds include: trademark registered without sufficient cause, registered in violation of the Act, obtained by fraud or misrepresentation, likely to cause confusion among the public, not used for 5+ years, contains an error or defect, or the registration was made in the name of someone not entitled to it under Section 57.
File Form TM-O with the Trade Marks Registry or IPAB along with supporting affidavits, evidence, and the prescribed fee. Our attorneys prepare the application with detailed grounds under Section 57, supporting documents, and legal arguments to maximize your chances of a successful rectification.
There is no strict time limit for filing rectification under Section 57. However, delay may affect the court's discretion in granting relief. For non-use rectification, the trademark must not have been used for 5 years and 3 months before filing. Earlier filing is always advisable for better outcomes.
Yes, a trademark can be rectified and removed if it has not been used for a continuous period of 5 years and 3 months. You must provide evidence such as sales records, advertising materials, and market presence documents proving no genuine use of the trademark in India for the registered goods or services.
Opposition is filed within 4 months of trademark publication in the Trade Marks Journal before registration is granted. Rectification is filed after registration, challenging an already registered trademark. Opposition prevents registration, while rectification removes or corrects an existing entry in the trademark register.
After filing, the Registry issues a notice to the trademark proprietor who must file a counter-statement within 2 months. Both parties submit evidence through affidavits and documents. The matter is listed for hearing before the IPAB bench which then passes a final order on the rectification.
Trademark rectification cost starts from Rs. 3,999 including professional fees and document preparation. Government fees for Form TM-O are approximately Rs. 3,000 for individuals and Rs. 6,000 for companies. Additional costs may apply for hearings, evidence collection, and legal representation.
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