Remove or Correct Entries in the Trademark Register Under Section 57 - Starting @ ₹9,999 Only
Expert IP Attorneys. Form TM-26 Filing. Evidence Preparation. Hearing Representation. ₹9,999 is the IncorpX professional fee for filing assistance. Government fees (₹3,000/class) are charged separately at actuals.
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Remove Wrongful Trademarks from the Register?
Trademark rectification under Section 57 of the Trade Marks Act, 1999 lets you challenge and remove wrongful, non-used, or fraudulently obtained marks. IncorpX assists you with petition drafting, evidence compilation, Form TM-26 filing, and hearing representation.
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Fill the Form
Simply fill the above form to get started.
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File Trademark Rectification Online
Our IP attorneys assist you through the entire rectification process, from Form TM-26 filing to the final hearing.
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Trademark Rectification Assistance
From ₹9,999 IncorpX professional fee for assistance
Timeline depends on the application type and authority review
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Form TM-26 Filing & Submission
Government Fee Payment Facilitation
Evidence Compilation & Affidavits
Notice Service on Proprietor
Counter-Statement Review & Response
Hearing Representation
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Order Follow-Up & Register Update
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Trademark rectification is a legal remedy under Section 57 of the Trade Marks Act, 1999 that allows any aggrieved person to apply for the removal, variation, or correction of an entry in the Register of Trademarks. It is one of the most important post-registration remedies available under Indian trademark law, enabling businesses and individuals to challenge wrongful, fraudulent, or non-used trademark registrations. Since the Intellectual Property Appellate Board (IPAB) was abolished in April 2021 via the Tribunal Reforms Act, all rectification petitions are now filed before the Registrar of Trade Marks or the relevant High Court.
Legal Basis: Section 57 of the Trade Marks Act, 1999. Form: TM-26 (Government fee ₹3,000 per class e-filing / ₹3,500 physical). Timeline: 12 to 24 months. Filed Before: Registrar of Trademarks or High Court. Key Grounds: Non-use (Section 47), fraud, wrongful entry, contravention of Sections 9 and 11.
The Register of Trademarks, maintained by the Registrar of Trademarks under the Controller General of Patents, Designs and Trade Marks (CGPDTM), is the definitive record of all registered trademarks in India. When an entry in this Register is wrongfully made or wrongfully remaining - whether through fraud, non-use, descriptiveness, or error - Section 57 provides the mechanism to correct the Register. The rectification application is filed using Form TM-26 under Rule 80 of the Trade Marks Rules, 2017.
Rectification proceedings are quasi-judicial in nature. The application must be accompanied by evidence (filed via sworn affidavits), and both parties - the applicant and the registered proprietor - are given an opportunity to present their case before a hearing. The Registrar or High Court then passes an order either allowing or dismissing the rectification application.
At IncorpX, our team of experienced IP attorneys assists with end-to-end trademark rectification filing, including case assessment, petition drafting, evidence compilation, Form TM-26 filing with the Registrar of Trade Marks, counter-statement review, and hearing representation. As part of our intellectual property services portfolio, we have assisted with 500+ rectification applications. IncorpX professional fees start at ₹9,999 for filing assistance. Government and statutory fees are charged separately at actuals.
What is Trademark Rectification?
Trademark rectification refers to the legal process of correcting the Register of Trademarks by removing, varying, or amending entries. Under Section 57 of the Trade Marks Act, 1999, any person aggrieved by the absence or inclusion of any entry in the Register, or by any entry made in the Register without sufficient cause, or by any entry wrongfully remaining on the Register, may apply for rectification.
The application for rectification is made in Form TM-26 before the Registrar of Trademarks or the concerned High Court. The power under Section 57 is broad - it covers not just removal (cancellation) but also variation and correction of entries. This makes it a versatile remedy for addressing various types of Register irregularities.
Key Aspects of Trademark Rectification:
Section 57 - Core Provision: Enables any aggrieved person to apply for making, expunging, or varying any entry in the Register of Trademarks.
Section 47 - Non-Use Removal: Specific ground for cancellation where the mark has not been used for 5+ continuous years from the date of registration.
Form TM-26: The prescribed form for filing rectification application under Rule 80 of Trade Marks Rules, 2017, with a government fee of ₹3,000.
Quasi-Judicial Proceeding: Involves petition, evidence, counter-statement, hearing, and a binding order from the Registrar or High Court.
Did You Know?
After the Tribunal Reforms Act, 2021 abolished the Intellectual Property Appellate Board (IPAB), all rectification applications that were previously filed before the IPAB are now heard by the Registrar of Trademarks or the concerned High Court. This change has made the process more accessible but also shifted significant caseload to High Courts.
Grounds for Trademark Rectification:
Trademark rectification under Section 57 can be filed on multiple grounds. The choice of ground depends on the specific facts of the case and the nature of the wrongful entry. Here are the recognized grounds for rectification:
Ground
Legal Provision
Description
Key Evidence Required
Non-Use for 5+ Years
Section 47(1)(b)
Mark not used by proprietor for a continuous period of 5 years or more from registration date
Market surveys, trade inquiry reports, marketplace searches, advertising gap analysis
No Bona Fide Intention to Use
Section 47(1)(a)
Mark was registered without any genuine intention to use it, and no use has commenced
Pattern of trademark squatting, absence of business activity, demand letters for assignment
Wrongful Entry on Register
Section 57(1)
The entry was made without sufficient cause or is wrongfully remaining on the Register
Evidence showing the mark should not have been registered - prior marks, descriptiveness proof
Registration by Fraud
Section 57(1)
Registration obtained through misrepresentation, false user claims, or fabricated evidence
Documents proving false declarations, fabricated user evidence, suppression of material facts
Contravention of Section 9
Section 9 (Absolute Grounds)
Mark is descriptive, generic, deceptive, contrary to law or morality, or lacks distinctiveness
Dictionary entries, industry publications, competitor usage of similar descriptive terms
Contravention of Section 11
Section 11 (Relative Grounds)
Mark is identical or deceptively similar to an earlier registered or well-known mark
Prior registration certificates, evidence of confusion in the marketplace, similarity analysis
Genericization
Section 57 read with Section 9
The registered mark has become a common name in trade for the goods or services
Industry usage reports, dictionary references, media usage, consumer perception surveys
If the registered mark is actively infringing your rights, consider sending a trademark infringement notice as an initial step. Rectification is preferred when the primary goal is to remove or correct the Register entry rather than stopping ongoing infringement activity.
Important Note!
Under Section 47(3), non-use of a trademark cannot be relied upon by the applicant if the non-use was due to special circumstances in the trade (e.g., regulatory restrictions, supply chain disruptions) and not due to any intention to abandon the mark. Additionally, the proviso to Section 47(1) provides that last-minute use by the proprietor within one month before the application date is disregarded. This anti-avoidance provision prevents proprietors from strategic token use just to defeat a rectification claim.
Who Can File Trademark Rectification?
Section 57 of the Trade Marks Act, 1999 broadly defines who may apply for rectification. The term "person aggrieved" is interpreted liberally by Indian courts to ensure the Register remains clean and accurate:
1. Any Aggrieved Person
Any person whose legal rights or commercial interests are prejudicially affected by the entry or absence of an entry in the Register. This includes direct competitors, prior users, and affected businesses.
2. Prior User of the Mark
A person who used the trademark prior to the registered proprietor's date of first use or application date, and claims superior rights based on prior and continuous use in the market.
3. Competitor in Same Trade
A competitor operating in the same or similar goods/services class whose business is affected by the wrongful registration - for example, when a descriptive or generic term is monopolized.
4. Registrar Suo Motu
The Registrar of Trademarks may, on their own motion under Section 57(3), apply to the High Court for rectification when they discover wrongful entries during examination of other applications.
5. Central Government
The Central Government may file rectification in the public interest, particularly when marks are deceptive, contrary to public policy, or registered in violation of statutory prohibitions.
6. Assignee or Licensee
A person who has acquired rights through assignment or licensing agreements may file rectification if the registered mark interferes with their legitimately acquired trademark rights.
Rectification vs Opposition vs Cancellation:
These three remedies are often confused but serve different purposes at different stages of the trademark lifecycle. Understanding the distinctions is critical for choosing the right legal strategy:
Aspect
Rectification (Section 57)
Opposition (Section 21)
Cancellation (Section 47)
Stage
Post-registration (mark already on Register)
Pre-registration (mark published but not registered)
Post-registration (subset of rectification)
Timing
No time limit; can be filed anytime after registration
Within 4 months of publication in Trademark Journal
Similarity, prior rights, descriptiveness, bad faith
Specifically non-use for 5+ years or no bona fide intention
Filed Before
Registrar of Trademarks or High Court
Registrar of Trademarks only
Registrar of Trademarks or High Court
Outcome
Entry removed, varied, or corrected
Registration refused or allowed
Mark removed from Register
Appeal
High Court (from Registrar) / Supreme Court (from HC)
High Court under Section 91
High Court (from Registrar) / Supreme Court (from HC)
Note: Cancellation under Section 47 is a specific ground within the broader rectification remedy under Section 57. If you need to challenge a mark before it is registered, use trademark opposition. If the mark is already registered, use rectification under Section 57. For professional representation at hearings, see our trademark hearing services. Compare the finer distinctions at trademark objection vs opposition.
Step-by-Step Filing Procedure for Trademark Rectification:
Filing a trademark rectification application involves a structured legal procedure under the Trade Marks Act, 1999 and Trade Marks Rules, 2017. IncorpX assists you through each stage of the process:
Step 1: Assess Grounds and Determine Standing
Our IP attorneys evaluate whether you qualify as an aggrieved person under Section 57. We identify the strongest grounds for rectification: non-use for 5 continuous years (Section 47), wrongful entry, contravention of Sections 9 or 11, or registration obtained by fraud. We confirm all impugned trademark details via the IP India trademark public search portal.
Portal: ipindiaonline.gov.in | Time: 1 to 3 working days
Step 2: Collect Evidence and Supporting Documents
Gather evidence supporting your rectification grounds. For non-use claims, we obtain market survey reports, trade inquiry reports, and records showing absence of commercial use for 5+ years. For wrongful entry claims, we collect proof of prior use, consumer confusion data, and competitor trademark certificates. All evidence is prepared as notarized affidavits.
Cost: ₹2,000 to ₹10,000 | Time: 7 to 15 working days
Step 3: Determine Filing Jurisdiction
Choose between filing before the Registrar of Trade Marks or the relevant High Court. Under Section 57(4), if an infringement suit is pending, rectification must be filed before the High Court. Otherwise, file at the TM Registry office (Mumbai, Delhi, Chennai, Kolkata, or Ahmedabad) where the original trademark was registered.
Key Rule: Section 57(4) | Time: 1 to 2 working days
Step 4: Draft the Rectification Petition
Prepare the rectification petition on Form TM-26 citing specific grounds under Sections 47 or 57 of the Trade Marks Act. The petition includes the statement of grounds, relief sought (removal, variation, or correction), details of the impugned mark, and supporting legal arguments with relevant case law references.
Form: TM-26 | Time: 3 to 5 working days
Step 5: File Form TM-26 with the Trademark Registry
Submit Form TM-26 online at ipindiaonline.gov.in with the government fee of ₹3,000 per class. Attach the statement of grounds, evidence affidavits, Power of Attorney (Form TM-48), and identity proof. For High Court filing, submit the petition with applicable court fees per the respective High Court fee schedule.
Fee: ₹3,000/class | Time: 1 to 2 working days
Step 6: Service of Notice and Counter-Statement
The Trademark Registry serves the rectification notice on the registered proprietor. The proprietor must file a counter-statement within 2 months of receiving the notice under Rule 80 of the Trade Marks Rules, 2017. If no counter-statement is filed within this period, the rectification may proceed ex-parte.
Step 7: Attend Rectification Hearing and Receive Order
Present oral arguments before the Registrar or High Court at the scheduled trademark hearing. Submit additional evidence if required. The Registrar or Court issues a written order granting or refusing rectification. If either party disagrees, an appeal can be filed before the High Court (from Registrar orders) or Supreme Court (from HC orders) under Section 91.
Appeal: Section 91 | Time: 3 to 12 months
The proprietor must file a counter-statement within 2 months of receiving the rectification notice. Missing this deadline means the Registrar may proceed ex-parte and decide the case based solely on the applicant's submissions. If you are the proprietor, respond promptly.
7 steps. 12 to 24 months. ₹12,999 minimum total cost (1 class before Registrar). IncorpX professional fee covers filing assistance; government fees charged separately.
Documents Required for Trademark Rectification:
A well-documented rectification application significantly improves the chances of success. Here is a comprehensive list of documents required for filing trademark rectification under Section 57. You can obtain details of the impugned mark from the IP India public search portal, or from your trademark certificate.
Category
Document Type
Specific Details
Purpose
Application Form
Form TM-26
Completed application with trademark number, class, grounds, and relief sought
Prescribed form under Rule 80 of Trade Marks Rules, 2017
Government Fee Receipt
₹3,000 per class (e-filing) / ₹3,500 per class (physical)
Proof of payment of prescribed filing fee
Applicant Identity
Identity Proof
PAN Card, Aadhaar Card, Passport, Voter ID
Establishes identity of the aggrieved person filing rectification
Address Proof
Aadhaar Card, Utility Bill, Bank Statement
Confirms address of the applicant
Authorization
Power of Attorney (Form TM-48)
Signed by applicant, authorizing the IP attorney/agent
Required if filing through a trademark attorney or agent
Establishes applicant's prior rights over the mark
Supporting Affidavits
Affidavit in Support
Sworn statement verified before notary with all exhibits
Primary evidence document containing all factual claims
Affidavit in Rejoinder
Response to proprietor's counter-evidence
Rebuts the proprietor's defense and supporting evidence
Trademark Details
Copy of Registered Mark Certificate
Downloaded from ipindiaonline.gov.in or obtained from records
Identifies the exact mark, registration number, class, and proprietor
Multiple applicants incorrectly file Form TM-O (used for trademark opposition under Section 21) instead of Form TM-26 (the correct form for rectification). Using the wrong form causes rejection and loss of filing fees. Always verify the correct form at ipindiaonline.gov.in.
Keep digital copies of all documents in PDF format. Ensure all affidavits are notarized before submission (₹500 to ₹2,000 per affidavit). Unsigned or un-notarized affidavits are the second most common cause of filing delays after using the wrong form.
Evidence Requirements for Trademark Rectification:
The strength of your rectification case depends heavily on the quality and type of evidence submitted. Evidence is filed through sworn affidavits under the Trade Marks Rules, 2017. Here are the key types of evidence for different rectification grounds:
1. Market Surveys
Commissioned market surveys and trade inquiry reports demonstrating that the registered trademark is not being used commercially. Includes visits to retail outlets, distributors, and wholesale markets.
2. Sales & Financial Data
Invoices, purchase orders, sales records, revenue data, and tax returns showing (or disproving) commercial use of the mark for the relevant goods or services during the claimed period.
3. Advertising & Marketing Proof
Print advertisements, digital marketing campaigns, social media presence, trade show participation, brochures, and catalogues showing the mark in active commercial promotion.
4. Consumer Confusion Evidence
Survey data, complaint records, customer testimonials, and instances of actual confusion between the registered mark and the applicant's mark in the relevant trade channels.
5. Trade Usage & Industry Reports
Dictionary definitions, industry publications, trade journal references, and competitor usage examples demonstrating that the mark is descriptive, generic, or commonly used in the trade.
6. Affidavits & Declarations
Sworn statements from the applicant, trade witnesses, industry experts, and investigators, all verified before a notary public. Each affidavit must exhibit and reference the documentary evidence.
Evidence Tip
Courts and the Registrar weigh documentary evidence (invoices, advertisements, packaging) far more heavily than oral testimony. Ensure all evidence is properly dated, authenticated, and exhibited in affidavits. IncorpX's IP attorneys assist with organizing and presenting evidence for effective advocacy before the Registrar of Trade Marks or High Court.
Filing Before Registrar vs High Court - Jurisdiction Rules:
Following the abolition of the Intellectual Property Appellate Board (IPAB) by the Tribunal Reforms Act, 2021, trademark rectification applications are now filed before the Registrar of Trademarks (under the IP India official portal) or the concerned High Court. Understanding jurisdiction rules is critical for choosing the correct forum:
Section 57(1) - application to High Court; Section 57(4) - mandatory if infringement suit pending
Filing Fee
₹3,000 per class (Form TM-26)
Court fees as per High Court fee structure (varies by state)
Timeline
12 to 18 months typically
12 to 36 months depending on court schedule
Representation
Trademark attorney, agent, or advocate
Advocate enrolled with the Bar Council
Appeal
Appeal to the High Court under Section 91
Appeal to the Supreme Court
Interim Relief
Limited - Registrar cannot grant injunctions
Full range - injunctions, stay orders, interim measures available
Critical Rule - Section 57(4): If a suit for infringement of the trademark is pending before any court, the rectification application must be filed only before that court and not before the Registrar. This prevents conflicting orders between the Registrar and the court on the same trademark.
Under Section 57(4), if a trademark infringement suit is pending in any court, rectification must be filed before the High Court. Filing before the Registrar in this scenario will be rejected. Verify whether any infringement proceedings exist before choosing your forum.
The Intellectual Property Appellate Board (IPAB), which previously handled trademark rectification appeals, was abolished on April 4, 2021 via the Tribunal Reforms Act. All pending IPAB matters were transferred to the respective High Courts. This change means appeals from Registrar orders now go directly to the High Court under Section 91.
Trademark Rectification Fees and Cost in 2026:
Here's a complete breakdown of costs and expected timelines for trademark rectification proceedings in India:
Fee Component
Amount
Notes
Form TM-26 (Government Fee - E-Filing)
₹3,000 per class
Filed at ipindiaonline.gov.in per trademark per class
Form TM-26 (Government Fee - Physical)
₹3,500 per class
Filed at the appropriate Trademark Registry office
Affidavit Notarization
₹500 to ₹2,000 per affidavit
Sworn statement verification before a Notary Public
Court fees as per respective High Court fee schedule
IncorpX Professional Fee
Starting at ₹9,999
Professional fee for filing assistance: petition drafting, Form TM-26 submission, evidence compilation, and hearing representation. Government fees separate.
Minimum Total (1 class, Registrar)
₹12,999+
Government fee + professional fee + notarization
Expected Timeline:
Stage
Duration
Case assessment and petition drafting
1 to 2 weeks
Form TM-26 filing and acknowledgment
1 to 3 days
Service of notice on registered proprietor
1 to 2 months
Counter-statement from proprietor
2 months from notice
Evidence exchange (affidavits)
3 to 6 months
Hearing before Registrar/High Court
3 to 6 months
Order pronouncement
1 to 3 months after hearing
Total estimated timeline
12 to 24 months
Transparent pricing. No hidden charges. Government fees at actuals.
E-filing via IP India online filing portal costs ₹3,000 per class, while physical filing at the 5 TM Registry offices costs ₹3,500 per class. IncorpX's professional fee of ₹9,999 is for end-to-end filing assistance, including petition drafting, Form TM-26 submission, evidence compilation, and hearing representation. Government and statutory fees are charged separately at actuals.
Benefits of Filing Trademark Rectification:
Trademark rectification serves as a vital tool for maintaining the integrity of the Trademark Register and protecting legitimate business interests. Here are the key benefits:
Protect Your Brand Identity
Filing rectification removes confusingly similar marks from the Register. Under Section 57, wrongful entries that dilute your brand can be cancelled, restoring exclusive market positioning for your trademark.
Remove Non-Use Trademarks
Section 47 allows removal of marks unused for 5+ years. This frees up trademark space for genuine users and prevents trademark squatters from blocking your registration or market entry.
Enforce Legal Rights
A successful rectification order strengthens your enforcement position. Once the conflicting mark is removed, you gain a clear path to register your own mark and pursue infringement actions under Section 29.
Correct Register Errors
Typographical errors, incorrect proprietor details, or wrong class entries can be corrected through Form TM-16 (by proprietor) or Form TM-26 (by aggrieved person) at ₹3,000 per class.
Cost-Effective Alternative to Litigation
Rectification before the Registrar starts at ₹12,999 total, compared to a trademark infringement notice and suit costing ₹1 lakh+ in court fees and advocate charges.
Definitive Legal Resolution
Rectification provides a binding order from the Registrar or High Court. Unlike cease and desist notices that can be ignored, a rectification order directly modifies the Register and is enforceable under the Trade Marks Act.
500+ rectification applications filed. Get expert assistance for your case.
Related Trademark Services:
Trademark rectification is one part of a comprehensive IP strategy. Explore our other trademark services to protect and manage your brand effectively:
Trademark Registration - Register your brand name, logo, or slogan under the Trade Marks Act, 1999 from ₹1,499.
Trademark Opposition - Oppose conflicting trademark applications during the 4-month publication window from ₹7,999.
Trademark Hearing - Professional hearing representation before the Registrar or High Court at ₹7,999.
Trademark Objection Reply - Respond to Registrar objections raised during examination of your application.
Trademark Certificate - Obtain your registered trademark certificate for enforcement and proof of rights.
Trademark Renewal - Renew your registered trademark for 10 years via Form TM-R at ₹9,000 per class.
Trademark Transfer - Transfer trademark ownership through assignment or licensing agreements.
FAQs on Trademark Rectification
Trademark rectification under Section 57 of the Trade Marks Act, 1999 is a complex legal remedy. We've compiled answers to the most frequently asked questions to help you understand the process, grounds, evidence requirements, and costs involved.
Whether you need to remove a non-used mark, challenge a fraudulent registration, or correct an error in the Register, these FAQs cover everything about trademark rectification in India.
Trademark rectification is a legal proceeding under Section 57 of the Trade Marks Act, 1999. It allows any aggrieved person to apply before the Registrar of Trade Marks or the High Court for removal, variation, or correction of entries in the Register of Trademarks. Filing requires Form TM-26 with a government fee of ₹3,000 per class. Learn more about trademark registration to understand the original registration process.
Section 57 enables any aggrieved person, the Registrar, or the Central Government to apply for cancellation, variation, or correction of the Register of Trademarks. It covers wrongful entries, entries made without sufficient cause, and entries obtained by fraud or contravention of Act provisions. The Registrar can also act suo motu under Section 57(3).
Under Section 47, a registered trademark can be removed if the proprietor has not used it for 5 continuous years from the date of registration and had no bona fide intention to use it. The applicant must prove non-use through market surveys, trade inquiries, and evidence of no commercial presence. The proviso to Section 47(1) provides that last-minute use by the proprietor within the prescribed period before the application date is disregarded.
Section 47(3) of the Trade Marks Act provides that non-use of a trademark cannot be relied upon by the applicant if the non-use is shown to have been due to special circumstances in the trade and not due to any intention to abandon the mark. Additionally, the proviso to Section 47(1) provides that last-minute use by the proprietor within one month (for clause b) or three months (for clause a) before the application date is disregarded, preventing strategic token use to defeat rectification.
An aggrieved person under Section 57 includes anyone whose legal rights or commercial interests are adversely affected by the trademark registration. This covers competitors whose marks are similar, prior users of the mark, businesses prevented from using a generic term, and persons whose trade is restricted by the wrongful registration. No registered trademark ownership is required to file.
A wrongful entry occurs when a trademark was registered despite failing to meet requirements under Sections 9 or 11 of the Trade Marks Act, 1999. Examples include marks registered despite being descriptive, deceptively similar to prior marks, generic in nature, or obtained through fraud or misrepresentation. Wrongful entries can be rectified using Form TM-26.
Genericization occurs when a registered trademark becomes the common name for a product or service, losing its distinctive character. Under Section 57, any person can file rectification via Form TM-26 at ₹3,000 per class if the mark has become generic through common trade usage. Consumer perception surveys and industry publications serve as primary evidence.
If rectification is granted, the Registrar updates the Register by removing, varying, or correcting the entry. The proprietor loses rights over the rectified mark. If refused, the registered trademark remains intact. Either party can appeal: Registrar orders go to the High Court, and High Court orders go to the Supreme Court under Section 91.
Yes, under Section 57(3), the Registrar of Trade Marks can initiate rectification of the Register on their own motion without any application from an aggrieved person. The Registrar gives notice to the registered proprietor and provides an opportunity to be heard before making any changes. This power allows correction of obvious errors or statutory violations.
There is no specific limitation period for filing rectification under Section 57 of the Trade Marks Act. However, for non-use cancellation under Section 47, the trademark must have remained unused for at least 5 continuous years from the registration date. For fraud or wrongful entry grounds, rectification can be filed at any time during the mark's validity.
Evidence affidavits are notarized sworn statements supported by documentary exhibits that form the primary evidence in rectification proceedings. Each party submits affidavits under Rule 80 of the Trade Marks Rules, 2017. Exhibits include market surveys, trade inquiry reports, invoices, advertisements, and consumer confusion data. Affidavits must be verified before a Notary Public costing ₹500 to ₹2,000.
These are distinct processes. Trademark renewal extends a trademark's validity for 10 years by filing Form TM-R with ₹9,000 fee. Rectification seeks removal or correction of a registered mark using Form TM-26 at ₹3,000 per class. Under Section 25(3), failure to renew leads to automatic removal from the Register, separate from rectification under Section 57.
Yes, under Section 47 of the Trade Marks Act, 1999, any aggrieved person can apply for removal if the trademark has not been used for 5 continuous years from the registration date. The applicant files Form TM-26 with ₹3,000 per class fee. The burden shifts to the proprietor to prove bona fide use or intention to use.
File Form TM-26 online at ipindiaonline.gov.in with a government fee of ₹3,000 per class. Include the statement of grounds under Sections 47 or 57, evidence affidavits, Power of Attorney (Form TM-48), and identity proof. Submit to the TM Registry office where the original trademark was registered, or to the relevant High Court if an infringement suit is pending.
Required documents include Form TM-26 (rectification application), Power of Attorney (Form TM-48), identity proof (PAN/Aadhaar/passport), copy of the impugned trademark registration from IP India public search, statement of grounds with legal arguments, evidence affidavits with exhibits, and business registration proof if filing as an entity.
Evidence varies by ground. For non-use (Section 47): market surveys, trade inquiries, absence of commercial activity records. For wrongful entry: prior use invoices, advertising records, consumer confusion surveys. For fraud: correspondence proving bad faith, false declarations. All evidence is submitted as notarized affidavits with documentary exhibits under Rule 80.
Visit ipindiaonline.gov.in and log in to your trademark account. Select Form TM-26, enter the registration number of the impugned mark, upload the statement of grounds, evidence affidavits, and Power of Attorney. Pay ₹3,000 per class online. The system generates an acknowledgment with a filing reference number. Physical filing at TM Registry offices costs ₹3,500 per class.
File before the Registrar for straightforward cases with clear grounds (non-use, clerical errors) as it is faster and less expensive. File before the High Court when complex legal issues are involved, when an infringement suit is pending (mandatory under Section 57(4)), or when the decision needs stronger judicial authority. High Court filing costs ₹5,000 to ₹20,000+ in court fees.
The registered proprietor must file a counter-statement within 2 months of receiving the rectification notice under Rule 80 of the Trade Marks Rules, 2017. If no counter-statement is filed within this period, the Registrar may proceed ex-parte and decide the rectification based on the applicant's submissions alone.
If the Registrar rejects a rectification application, the applicant can appeal before the relevant High Court within 3 months of the order under Section 91 of the Trade Marks Act. If the High Court rejects rectification, a further appeal lies before the Supreme Court. Since IPAB was abolished in April 2021, all appellate jurisdiction rests with the High Courts.
Yes, but with a jurisdictional restriction. Under Section 57(4), if a trademark infringement suit is pending before a court, the rectification application must be filed before the High Court, not the Registrar. The High Court hearing the infringement suit and the rectification application can consolidate both matters. This provision prevents conflicting orders from different forums.
Total trademark rectification cost before the Registrar ranges from ₹12,999 to ₹25,000+ per class. This includes ₹3,000 government fee (Form TM-26), ₹9,999 IncorpX professional fee for filing assistance (starting), ₹500 to ₹2,000 for affidavit notarization, and ₹2,000 to ₹10,000 for evidence preparation. Government and statutory fees are charged separately at actuals. High Court filing costs ₹20,000 to ₹75,000+ including court fees and advocate fees.
Form TM-26 is the prescribed form under Rule 80 of the Trade Marks Rules, 2017 for filing a rectification application by an aggrieved person. The government fee is ₹3,000 per class for e-filing at ipindiaonline.gov.in and ₹3,500 per class for physical filing at the 5 TM Registry offices. Each trademark class requires a separate fee payment.
High Court rectification costs range from ₹20,000 to ₹75,000+ depending on the state. Court filing fees vary: Delhi HC, Bombay HC, Madras HC, Calcutta HC, and Gujarat HC each have separate fee schedules ranging from ₹5,000 to ₹20,000+. Advocate fees for High Court representation are additional and depend on case complexity and hearing count.
Trademark rectification proceedings typically take 12 to 24 months from filing to final order. Key stages: filing Form TM-26 (7 to 10 working days), notice to proprietor (1 to 2 months), counter-statement (2 months), evidence exchange (3 to 6 months), hearing scheduling (3 to 6 months), and order delivery (1 to 3 months). High Court proceedings may take longer depending on court backlog.
Yes, but a separate Form TM-26 must be filed for each class with a ₹3,000 government fee per class. A trademark registered in 3 classes requires 3 separate applications costing ₹9,000 in government fees alone. Rectification in one class does not automatically affect registration in other classes. Learn more about trademark classes in India.
Form TM-26 is the correct form for trademark rectification by an aggrieved person under Rule 80 of the Trade Marks Rules, 2017. Form TM-O is used for trademark opposition under Section 21, not rectification. Always verify the correct form at ipindiaonline.gov.in before filing.
A cease and desist notice is not legally required before filing rectification under Section 57. However, sending a trademark infringement notice first can serve as a negotiation tool, potentially resolving the dispute without formal proceedings. If the proprietor agrees to voluntarily surrender or amend the mark, it saves ₹12,999+ in filing costs and 12 to 24 months of proceedings.
Evidence preparation costs range from ₹2,000 to ₹10,000 depending on the grounds and complexity. Market survey reports for non-use claims cost ₹3,000 to ₹8,000. Trade inquiry reports cost ₹1,500 to ₹5,000. Affidavit notarization costs ₹500 to ₹2,000 per affidavit. Consumer confusion surveys for wrongful entry claims cost ₹5,000 to ₹10,000.
Yes, a foreign company can file rectification under Section 57 if it qualifies as an aggrieved person. The foreign entity must appoint an Indian trademark attorney as authorized agent via Power of Attorney (Form TM-48). The same ₹3,000 per class government fee applies. For High Court proceedings, an advocate enrolled with the Indian Bar Council is mandatory.
If rectification is granted, the trademark is removed, varied, or corrected in the Register. Existing licensing agreements based on the rectified mark become unenforceable for the removed scope. Licensees should include contractual protections for rectification scenarios. The proprietor cannot collect royalties for a cancelled mark, and any pending infringement suits under Section 29 may become void.
If rectification is refused, the registered trademark remains on the Register with full legal protection. The applicant bears their own legal costs and the court may award costs to the proprietor in frivolous cases. The applicant can appeal to the High Court within 3 months under Section 91. Filing a false affidavit can attract perjury charges.
Opposition is filed before registration, within 4 months of Trademark Journal publication, using Form TM-O at ₹2,500 per class under Section 21. Rectification targets already-registered marks using Form TM-26 at ₹3,000 per class under Section 57. Opposition prevents registration; rectification removes or corrects existing registrations. Read more about trademark objection vs opposition.
Yes, Section 57 allows the Registrar or High Court to vary a trademark registration rather than fully cancel it. This means partial removal of specific goods or services from a class, modification of conditions or limitations, or correction of specific entries. For example, a mark registered for clothing and footwear could be rectified to cover clothing only if non-use is proven for footwear.
Yes, even well-known trademarks are subject to rectification under Section 57. If a well-known mark has not been used in India for 5 continuous years (Section 47), or was registered through fraud or misrepresentation, rectification can be filed. However, the evidentiary burden is significantly higher, requiring extensive proof of non-use or wrongful registration across the mark's recognition territories.
Trademark squatting, where a person registers another's mark in bad faith, is challenged through rectification under Section 57 citing wrongful entry or contravention of Section 11 (deceptive similarity). Evidence includes the squatter's lack of genuine commercial use, the original owner's prior use and reputation, and proof of bad faith intent. ₹3,000 per class government fee applies for filing Form TM-26.
Since the Intellectual Property Appellate Board (IPAB) was abolished on April 4, 2021 via the Tribunal Reforms Act, 2021, all trademark rectification applications are filed before the Registrar of Trade Marks or the concerned High Court. Pending IPAB cases were transferred to the respective High Courts. Appeals from Registrar orders now go directly to the High Court under Section 91.
Form TM-16 is used by the registered proprietor to request corrections or amendments to their own trademark entry in the Register. Form TM-26 is used by an aggrieved person to file a rectification petition against another party's registration under Section 57. Form TM-16 involves simpler clerical corrections; Form TM-26 initiates adversarial proceedings with hearings.
Courts calculate the 5 continuous years from the actual date of registration, not from the date of application or publication. The non-use must be unbroken for the entire 5-year period. Any bona fide commercial use during this period resets the clock. Under the proviso to Section 47(1), last-minute use by the proprietor within one month before the application date is disregarded by courts. Section 47(3) provides a defense where non-use was due to special circumstances in the trade.
Yes, trademark rectification via Form TM-26 can be filed online at ipindiaonline.gov.in with a government fee of ₹3,000 per class. E-filing requires an IP India portal account, digital copies of all documents, and online fee payment. Physical filing at the 5 TM Registry offices (Mumbai, Delhi, Chennai, Kolkata, Ahmedabad) costs ₹3,500 per class.
When rectification is granted, the trademark is removed or modified in the Register. Existing licensing agreements tied to the rectified mark become unenforceable for the cancelled scope. The proprietor cannot collect royalties for a cancelled registration. Licensees should negotiate indemnity clauses protecting them against rectification outcomes. Pending infringement suits under Section 29 based on the rectified mark also become void.
Trademark rectification involves quasi-judicial proceedings with evidence affidavits, legal arguments under Sections 47 and 57, and oral hearings before the Registrar of Trade Marks or High Court. IncorpX's IP attorneys have assisted with 500+ rectification filings. Professional assistance ensures proper petition drafting, evidence compilation, jurisdictional compliance, and effective hearing advocacy. IncorpX professional fees start at ₹9,999 for filing assistance; government fees are charged separately at actuals.
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