Trademark Rectification & Register Correction Assistance in Silchar - Get Expert Assistance
Trademark Rectification in Silchar
Remove or Correct Entries in the Trademark Register Under Section 57 - Starting @ ₹9,999 Only
Listed amount is IncorpX professional fee for end-to-end assistance. Government/statutory fees (₹3,000/class e-filing) are charged separately at actuals.
Experienced IP Professionals. Form TM-26 Filing. Evidence Preparation. Hearing Representation.
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Form TM-26 Filing (₹3,000 Govt Fee)
Evidence Compilation & Affidavits
Counter-Statement Review
Hearing Representation
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Remove Wrongful Trademarks from the Register in Silchar?
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 with everything from petition drafting to hearing representation for Silchar businesses.
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Our IP professionals assist with the complete rectification process, from Form TM-26 filing to final hearing. Clear next-step guidance is shared after review.
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Trademark Rectification Package in Silchar
From ₹9,999 IncorpX professional fee for assistance
Timeline depends on the application type and authority review
Application support Regulatory guidance
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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. For businesses in Silchar, , this is one of the most important post-registration remedies available under Indian trademark law, enabling challenges to 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. Businesses in Silchar fall under the jurisdiction of the nearest TM Registry, and High Court proceedings are heard by the the concerned 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. Registry for Silchar: nearest TM Registry.
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.
At IncorpX, our team of experienced IP professionals provides end-to-end assistance for trademark rectification in Silchar including case assessment, petition drafting, evidence compilation, Form TM-26 filing, counter-statement review, and hearing representation. As part of our intellectual property services portfolio, we have assisted with 500+ rectification applications. Professional fees start at ₹9,999; government and statutory fees are charged separately at actuals.
What is Trademark Rectification in Silchar?
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. For businesses in Silchar, e-filing via ipindiaonline.gov.in enables submission without visiting any Registry office.
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. For businesses in Silchar, this means appeals from Registrar orders go directly to the the concerned High Court.
Grounds for Trademark Rectification in Silchar:
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 applicable to businesses in Silchar:
Ground
Legal Provision
Description
Key Evidence Required
Non-Use for 5+ Years
Section 47(1)(a)
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)(b)
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(2)
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), a trademark cannot be removed for non-use if the proprietor resumed bona fide use before the rectification application was filed. However, use commenced after the proprietor became aware that a rectification application was likely to be filed is disregarded. This anti-avoidance provision prevents proprietors from strategic token use just to defeat a rectification claim.
Who Can File Trademark Rectification in Silchar?
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. Here is who qualifies in Silchar:
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 in Silchar.
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 for your case in Silchar:
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.
Step-by-Step Filing Procedure for Trademark Rectification in Silchar:
Filing a trademark rectification application involves a structured legal procedure under the Trade Marks Act, 1999 and Trade Marks Rules, 2017. At IncorpX, we assist with the complete process for clients in Silchar:
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. For Silchar businesses, the jurisdictional TM Registry is the nearest TM Registry, and High Court proceedings go to the the concerned High Court. E-filing removes the geographic barrier.
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. Clients in Silchar can e-file without visiting any Registry office.
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 the concerned 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). Let our IP professionals assist you.
Documents Required for Trademark Rectification in Silchar:
A well-documented rectification application significantly improves the chances of success. Here is a comprehensive list of documents required for filing trademark rectification in Silchar under Section 57. You can obtain details of the impugned mark from the IP India public search portal.
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 in Silchar
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.
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 in Silchar assist in organizing and presenting evidence for maximum persuasive impact.
Filing Before Registrar vs High Court - Jurisdiction for Silchar:
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. For businesses in Silchar, , the jurisdictional details are:
TM Registry: nearest TM Registry | High Court: the concerned High Court | E-Filing: Available from Silchar via ipindiaonline.gov.in
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 the concerned High Court fee structure
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 the concerned 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.
Tamil Nadu, Kerala, Andhra Pradesh, Telangana, Karnataka, Puducherry
Madras High Court
Kolkata
West Bengal, Odisha, Bihar, Jharkhand, NE States, A&N Islands
Calcutta High Court
Ahmedabad
Gujarat (shared with Mumbai for certain classes)
Gujarat High Court
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. For Silchar businesses, 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. For Silchar, this means appeals from Registrar orders now go directly to the the concerned High Court under Section 91.
Trademark Rectification Fees and Cost in Silchar (2026):
Here is a complete breakdown of costs and expected timelines for trademark rectification proceedings for applicants in Silchar, :
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 nearest TM Registry or appropriate Registry
Affidavit Notarization
₹500 to ₹2,000 per affidavit
Sworn statement verification before a Notary Public in Silchar
Court fees as per the concerned High Court fee schedule
IncorpX Professional Fee
Starting at ₹9,999
Includes petition drafting, filing, evidence, and hearing representation
Minimum Total (1 class, Registrar)
₹12,999+
Government fee + professional fee + notarization
Expected Timeline for Silchar Applicants:
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 nearest TM Registry costs ₹3,500 per class. IncorpX's professional fee of ₹9,999 covers assistance with petition drafting, filing, evidence compilation, and hearing representation. Government and statutory fees are charged separately at actuals.
Benefits of Filing Trademark Rectification in Silchar:
Trademark rectification serves as a vital tool for maintaining the integrity of the Trademark Register and protecting legitimate business interests in Silchar. 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 in Silchar.
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.
IncorpX has assisted 500+ clients with trademark rectification filings.
Related Trademark Services in Silchar:
Trademark rectification is one part of a comprehensive IP strategy. Explore our other trademark services available in Silchar to protect and manage your brand effectively:
Trademark rectification under Section 57 of the Trade Marks Act, 1999 is a complex legal remedy. We have compiled answers to the most frequently asked questions to help you understand the process, grounds, evidence requirements, and costs involved in Silchar.
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 Silchar.
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. Since the IPAB was abolished in April 2021, all rectification petitions are filed before the Registrar of Trademarks or the relevant High Court. The application is made using Form TM-26 with a government fee of ₹3,000 per class (e-filing).
The main grounds include: non-use under Section 47 (mark unused for 5+ continuous years), wrongful entry on the Register, registration obtained by fraud or misrepresentation, contravention of Section 9 (descriptive, generic, or non-distinctive marks), contravention of Section 11 (deceptive similarity to prior or well-known marks), no bona fide intention to use, and genericization where the mark has become a common trade name.
Form TM-26 is the prescribed application form under Rule 80 of the Trade Marks Rules, 2017 for filing rectification of the Register of Trademarks. The government fee is ₹3,000 per trademark per class for e-filing at ipindiaonline.gov.in and ₹3,500 per class for physical filing at any of the 5 TM Registry offices.
Section 57 is the primary provision that enables any aggrieved person or the Registrar to apply for making, expunging, or varying any entry in the Register of Trademarks. It covers three types of relief: removal (cancellation) of the entry, variation of conditions or limitations, and correction of errors or defects. Under Section 57(4), if an infringement suit is pending, rectification must be filed before the High Court.
Yes, under Section 47 of the Trade Marks Act, 1999, a registered trademark can be removed if the proprietor has not used it for a continuous period of 5 years or more from the date of registration. The burden of proof shifts to the registered proprietor to demonstrate bona fide use or special circumstances justifying non-use. However, under Section 47(3), use resumed before the rectification application was filed counts as valid use.
Evidence depends on the ground: for non-use - market surveys, trade inquiry reports, and commercial database searches showing absence of the mark in trade channels; for fraud - documents proving false statements, fabricated user claims, or suppressed facts; for prior use - invoices, advertisements, packaging, and tax records; for descriptiveness - dictionary entries, industry publications, and competitor usage. All evidence must be filed through sworn affidavits verified before a notary.
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. Opposition takes 2 to 4 years; rectification takes 12 to 24 months.
Filing before the Registrar of Trademarks is generally faster (12 to 18 months) and more cost-effective (₹3,000 per class) for straightforward non-use cases. The High Court is preferred for complex disputes, fraud allegations, or when interim relief (injunctions) is needed. Under Section 57(4), if an infringement suit is pending, rectification must be filed before the High Court. Our IP attorneys advise on the best forum based on your specific case.
If the rectification is allowed, the Registrar updates the Register of Trademarks - the entry is removed, varied, or corrected as ordered. The order is binding and enforceable. Existing licensing agreements for the cancelled mark become unenforceable. If dismissed, the applicant may appeal to the High Court (from Registrar orders) or the Supreme Court (from HC orders) under Section 91 within 3 months.
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, 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 or modified scope. Licensees should include contractual protections for rectification scenarios. The proprietor cannot collect royalties for a mark that has been cancelled, 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 may be ordered to pay costs to the proprietor in cases deemed frivolous. The applicant can appeal to the High Court within 3 months under Section 91. Filing a false affidavit during proceedings can attract perjury charges under the Indian Penal Code.
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.
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.
The Registrar of Trademarks serves as a quasi-judicial authority in rectification proceedings filed before the Registry. The Registrar examines the petition, reviews evidence from both parties, conducts hearings, and passes a binding order. Under Section 57(3), the Registrar can also initiate suo motu rectification by applying to the High Court when wrongful entries are discovered during examination.
Under Rule 80 of the Trade Marks Rules, 2017, the registered 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. No extension of time is typically granted for this statutory deadline.
Form TM-26 is used by an aggrieved person to apply for rectification under Section 57 (government fee ₹3,000 per class). Form TM-16 is used by the registered proprietor themselves to apply for correction or amendment of their own registration. Form TM-16 covers name changes, address changes, and corrections of clerical errors in the proprietor's own mark.
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 are the most expensive at ₹5,000 to ₹10,000.
Under Section 47(3), a trademark cannot be removed for non-use if the proprietor resumed bona fide use before the rectification application was filed. However, use commenced after the proprietor became aware that a rectification application was likely to be filed is disregarded. This anti-avoidance provision prevents proprietors from strategic token use just to defeat a rectification claim.
There is no general time limit for filing rectification under Section 57. However, for non-use claims under Section 47, the mark must have been registered for at least 5 years before a non-use application can be filed. Additionally, excessive delay (laches) may weaken your case, especially if you were aware of the registration for many years and took no action.
High Court rectification involves court filing fees (₹5,000 to ₹20,000+ depending on the state HC fee schedule), advocate fees (₹15,000 to ₹50,000+ depending on complexity and seniority), plus evidence preparation costs. Total cost before the High Court typically ranges from ₹20,000 to ₹75,000+ per class, significantly more than Registrar proceedings.
No, rectification under Section 57 can only be filed against already-registered trademarks. If the mark is still pending registration (published but not yet registered), the appropriate remedy is trademark opposition under Section 21 using Form TM-O within 4 months of publication in the Trademark Journal. See our trademark opposition services for pending marks.
Businesses in Silchar, fall under the jurisdiction of the nearest TM Registry. India has 5 TM Registry offices: Mumbai, Delhi, Chennai, Kolkata, and Ahmedabad. However, rectification must be filed at the Registry where the original trademark was registered (determined by the proprietor's principal place of business), not the applicant's location. E-filing via ipindiaonline.gov.in allows submission from Silchar for any Registry.
Yes, e-filing through ipindiaonline.gov.in allows Form TM-26 filing from Silchar for ₹3,000 per class regardless of which Registry office has jurisdiction. The application is processed at the TM Registry where the impugned mark was originally registered. Physical filing is available at the 5 Registry offices. IncorpX assists with the complete e-filing process for Silchar clients.
Trademark rectification in Silchar starts at ₹9,999 (IncorpX professional fee) plus ₹3,000 per class government fee for Form TM-26 e-filing. Evidence preparation costs ₹2,000 to ₹10,000 depending on grounds. Affidavit notarization in costs ₹500 to ₹2,000. Total cost before the Registrar: ₹12,999 to ₹25,000+ per class. High Court proceedings before the the concerned High Court cost significantly more.
Trademark rectification appeals and direct HC filings for businesses in Silchar, are handled by the the concerned High Court. Under Section 57(4), if an infringement suit is pending, rectification must be filed directly before this High Court. Court filing fees vary per the the concerned High Court fee schedule. An advocate enrolled with the Bar Council is mandatory for HC proceedings.
Trademark rectification proceedings for Silchar applicants take 12 to 24 months from filing to final order. This includes petition filing (1 to 2 days), service of notice (1 to 2 months), counter-statement period (2 months statutory), evidence exchange (3 to 6 months), hearing scheduling at the nearest TM Registry or the concerned High Court (3 to 12 months), and final order (1 to 3 months). E-filing from Silchar eliminates travel time to Registry offices.
Yes, IncorpX provides complete trademark rectification services in Silchar, . Our expert IP attorneys handle case assessment, petition drafting, Form TM-26 e-filing, evidence compilation, counter-statement review, and hearing representation before the Registrar at the nearest TM Registry or the the concerned High Court. With 500+ rectification matters filed and a 90%+ success rate, we deliver results-driven IP solutions for Silchar businesses.
You can check the status of any registered trademark from Silchar using the IP India public search portal at tmrsearch.ipindia.gov.in/tmrpublicsearch/. Search by trademark name, registration number, or proprietor name to verify registration status, class details, renewal status, and proprietor information. This step is essential before filing rectification from Silchar.
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