TM Rectification

Trademark Rectification (or Cancellation) is a powerful legal mechanism used to correct errors on the Trademark Register or to completely remove an unlawfully registered trademark. If a competitor has registered a mark that is deceptively similar to yours, or if a registered trademark has not been used for over five years, you, as an 'aggrieved person', can file a rectification petition. Governed by Sections 47 and 57 of the Trade Marks Act, this is an intense, evidentiary legal battle. Our elite IP litigators specialize in filing aggressive rectification petitions to clear your path, or defending your registered trademark against malicious cancellation attempts by rivals.

The eligibility to file a Trademark Rectification or Cancellation petition is strictly limited by law to an 'Aggrieved Person'. You cannot file a petition merely out of curiosity or public interest; you must demonstrate a direct legal or commercial injury caused by the existence of the trademark on the register. An 'Aggrieved Person' typically includes: 1. A prior user or registered owner of an identical or deceptively similar mark whose business is suffering due to the conflicting registration. 2. An applicant whose pending trademark application has been blocked (objected to) by the examiner citing the specific registered mark you wish to cancel. 3. A business against whom the registered proprietor has initiated infringement proceedings or sent a cease-and-desist notice. Regarding the grounds for eligibility, under Section 47, you are eligible to file for cancellation on the grounds of 'non-use' only if the trademark has been registered but not used in commerce for a continuous period of five years and three months. Under Section 57, you can file for rectification at any time if you can prove the mark was registered without sufficient cause, was obtained by fraud/bad faith, or if there is an error in the register (e.g., wrong owner name or address). If you do not meet the stringent criteria of an 'aggrieved person', your petition will be dismissed at the threshold without the evidence even being examined.