Who Can File for Rectification of Trademark and When?

In India’s fast-growing economy, trademarks are among the most valuable assets a business can own. They protect brand identity, build customer trust, and help distinguish one enterprise from another. However, what happens when a trademark is wrongly registered, obtained by misrepresentation, or remains on the register without valid use?

This is where the legal concept of rectification of trademark becomes vital. It allows the correction, cancellation, or amendment of entries in the Register of Trademarks to ensure fairness, accuracy, and protection of genuine rights.

This article provides a comprehensive guide to rectification of trademark in India — explaining who can file, when to file, grounds for rectification, and the complete legal procedure, along with practical insights and examples.

What Is Rectification of Trademark?

Rectification of trademark refers to the process of legally correcting or removing a trademark registration from the official Register of Trademarks when that registration was obtained wrongly, entered incorrectly, or no longer serves its purpose.

In simpler terms, it’s a legal remedy available to any “person aggrieved” to correct mistakes, cancel invalid trademarks, or modify incorrect details in the register.

This process is governed by Section 57 of the Trade Marks Act, 1999, which ensures that the Register of Trademarks maintained by the Indian Trademark Office remains accurate, up-to-date, and fair.

Importance of Rectification in India

With over 5.4 lakh trademark applications filed annually in India (according to IP India data), cases of incorrect or fraudulent registrations are increasing. Common examples include:

• Companies registering marks similar to existing brands.

• Trademarks obtained without intent to use.

• Wrong entries or clerical errors in the register.

• Conflicting or misleading marks that cause confusion among consumers.
  

The rectification process ensures that the trademark register remains clean, credible, and reflective of genuine commercial rights.

Legal Framework: Section 57 of the Trade Marks Act, 1999

Section 57 provides the statutory foundation for rectification of trademarks in India. It states:

“Any person aggrieved by the absence or omission from the register of any entry, or by any entry made without sufficient cause, or by any entry wrongly remaining on the register, or by any error or defect in any entry in the register, may apply in the prescribed manner to the Registrar or to the High Court for the rectification of the register.”

This section empowers both individuals and businesses to challenge registrations that:

• Were obtained without sufficient cause.

• Wrongly remain on the register.

• Contain errors, omissions, or defects.
  

Who Can File for Rectification of Trademark?

The right to apply for rectification is not restricted to trademark proprietors. Under the law, any person aggrieved can file for rectification. Let’s understand who qualifies under this definition.

1. Proprietor of an Earlier Trademark

A prior trademark owner whose rights are affected by a subsequent registration can apply for rectification.
Example:
If you own the trademark “URBAN STYLE” for clothing and another company registers “URBAN STYLES” in the same class, you can file for rectification of their mark.

2. Registered Users or Licensees

A registered user or licensee can file for rectification if an incorrect or misleading entry affects their rights — for example, if ownership details or license terms are wrongly entered in the register.

3. Competitors and Business Rivals

Competitors who are genuinely affected by an improper registration (for example, a fraudulent mark that blocks market entry) can also apply. However, they must prove they are “aggrieved” and not merely acting as busybodies.

4. Registrar of Trademarks (Suo Motu Action)

The Registrar of Trademarks also has the power to initiate rectification proceedings suo motu (on their own) to correct errors or remove wrong entries that affect the public record.

When Can Rectification Be Filed?

There is no strict time limit for filing rectification. However, timing and grounds matter. Common scenarios include:

1. When Registration Was Obtained by Fraud or Misrepresentation

If a trademark was registered through deceitful means, false statements, or suppression of facts, rectification can be filed as soon as the fraud is discovered.

2. When the Trademark Has Not Been Used

Under Section 47 of the Trade Marks Act, a registered trademark that hasn’t been used for a continuous period of five years and three months from the date of registration may be removed through rectification.

3. During or After Infringement Proceedings

If a trademark infringement suit is ongoing, the defendant may challenge the validity of the plaintiff’s registration by filing a rectification application. The court usually stays the infringement case until the rectification matter is decided.

4. When Errors or Omissions Exist

Rectification can also be filed at any time to correct clerical or administrative errors, such as:

• Wrong proprietor details.

• Incorrect classification of goods/services.

• Missing limitations or disclaimers.
  

Common Grounds for Rectification of Trademark

Rectification applications are typically filed under one or more of the following grounds:

Step-by-Step Procedure for Filing a Rectification Application in India

Step 1: Determine Jurisdiction

Rectification petitions are filed before:

• The Trademark Registry (where the registration exists), or

• The High Court with jurisdiction over the Registry office (if the matter involves litigation).
  

Step 2: Prepare and File Application (Form TM–O)

The applicant must submit a detailed application using Form TM–O under the Trade Marks Rules, 2017, including:

• Registration details of the trademark.

• Grounds for rectification.

• Supporting evidence (affidavits, invoices, advertisements, etc.).

• Prescribed government fees.
  

Step 3: Notice to the Trademark Owner

The Registrar sends a notice to the registered proprietor, allowing them to respond with a counterstatement.

Step 4: Hearing and Evidence

Both parties present documentary evidence and oral arguments. The Registrar (or court) may call for further clarification or documents.

Step 5: Decision and Order

After evaluating all facts, the authority may:

• Cancel the trademark.

• Amend or correct the entry.

• Dismiss the application if grounds are insufficient.
  

Step 6: Appeal

If dissatisfied with the order, either party can appeal to the appropriate High Court.

Recent Case Example

In Maarg India vs King Point Enterprise, the Madras High Court upheld rectification of a trademark that was not in genuine commercial use. The court emphasized that continued non-use and absence of bona fide intention justified removal under Sections 47 and 57.

This case reaffirmed that rectification of trademark ensures fairness by removing marks that block legitimate business activity.

Effects of Rectification

Once a rectification order is passed:

• The trademark may be removed or corrected in the register.

• The registration is treated as invalid from the date of removal.

• Related infringement proceedings or applications may be affected accordingly.
  

Strategic Tips Before Filing Rectification

For Applicants:

• Conduct thorough trademark search and investigation before filing.

• Collect evidence of prior use (invoices, ads, packaging).

• Monitor competitor registrations to act promptly.

• Seek professional assistance from an IP lawyer for drafting grounds and affidavits.
  

For Trademark Owners (Defending Rectification):

• Maintain continuous use records of your mark.

• Keep registration details updated.

• Avoid registering marks in bad faith or without real commercial use.

• Respond quickly to notices or opposition.
  

FAQs on Rectification of Trademark in India

Q1. Is there a time limit to file rectification?
No strict limitation applies, but delay can weaken your case. File as soon as the error or misuse is discovered.

Q2. Can rectification be filed against a pending application?
No. Rectification applies only to registered trademarks. Pending applications can be opposed through opposition proceedings.

Q3. What happens if rectification succeeds?
The mark may be canceled or corrected, and the register is updated accordingly.

Q4. Can rectification be used to fix clerical mistakes?
Yes, minor errors in the register — such as incorrect addresses or misspellings — can be rectified under Section 57.

Conclusion

Rectification of trademark is a powerful legal tool that keeps India’s trademark register accurate and credible. It balances the rights of honest businesses and discourages misuse of the registration system.

Whether you’re a brand owner seeking to protect your identity, or an entrepreneur blocked by a wrongful registration, understanding who can file, when to file, and how to file for rectification can make a critical difference.

Always remember — trademark protection doesn’t end with registration. Regular monitoring, genuine use, and prompt action are the keys to safeguarding your brand in India’s competitive landscape.