A trademark is far more than just a name, logo, or designโit's the distinctive identity that sets your brand apart in a crowded marketplace, much like a fingerprint uniquely identifies a person. It plays a key role in building customer trust, brand recognition, and market value. However, errors such as incorrect details in the trademark application, changes in ownership, or outdated information can compromise the strength and legal standing of your trademark. This is where Trademark Rectification becomes essentialโa legal process that allows you to correct or update the records in the Trademark Register to ensure accuracy and compliance. At AxurTax, we offer expert assistance in navigating the trademark rectification process, helping businesses maintain the integrity and enforceability of their brand identity. From identifying discrepancies and drafting rectification petitions to liaising with the Trademark Office, our team ensures a smooth, professional, and hassle-free experience. With AxurTax, your brand remains protected, accurate, and fully aligned with legal requirements at all times.
๐ ๏ธ What is Trademark Rectification?
Trademark Rectification is the legal process of correcting errors or omissions in the Trademark Register after the trademark has been applied for or registered. These errors could range from typos in the application to changes in ownership, address, or even a registered trademark that has become invalid due to non-use.
This process is governed by Chapter 7, Section 57 of the Trade Marks Act, 1999.
๐ Common Reasons for Trademark Rectification
Here are some scenarios where rectification is necessary:
๐น Application Form Errors โ Wrong details in the initial application
๐น Incorrect Classification โ Wrong trademark class or description
๐น Outdated Applicant Info โ Change in address, ownership, or name
๐น Non-Use of Trademark โ If not used for 5 years and 3 months
๐น Malicious or Wrongful Registration โ Filing done in bad faith
๐น Registrarโs Direction โ Correction as per the Registrarโs instructions
๐น Request by Aggrieved Parties โ Any affected party can file for correction
๐ฅ Who Can File for Trademark Rectification?
โ๏ธ Trademark Holder โ To correct or update their own trademark information
โ๏ธ Aggrieved Person โ Anyone affected by an incorrectly registered trademark
โ๏ธ Third Parties โ Entities acting in public or business interest
๐งพ Forms Used in Trademark Rectification
๐ TM-16 โ Filed by the proprietor for voluntary correction
๐ TM-M โ Used when the Registrar initiates the rectification
๐ TM-26 โ Filed by an aggrieved party for rectification or cancellation
๐บ๏ธ Where to File? โ Trademark Rectification Jurisdiction
Applications should be submitted to the Trademark Registry where the original trademark was registered. The key offices are:
๐ข Mumbai | ๐ข Delhi | ๐ข Kolkata | ๐ข Chennai | ๐ข Ahmedabad
๐งฉ Step-by-Step: Trademark Rectification Process
1. โ๏ธ Drafting the Application โ Accurately detailing the changes or errors
2. ๐ Form Submission โ Filing the appropriate form with fees
3. ๐ Document Upload โ Supporting documents like ID proof, address, or PAN
4. ๐ Verification โ The Registrar examines your documents
5. ๐งโโ๏ธ Hearing & Order โ Decision is made after reviewing both parties (if applicable)
๐ Additional Steps for Aggrieved Persons
1. ๐ File TMโ26 with detailed rectification grounds
2. ๐ฌ Registrar issues notice to the trademark owner
3. ๐ Both parties submit evidence and counter-statements
4. โ๏ธ Registrar reviews and passes final order (can include cancellation)
โ ๏ธ Consequences of Ignoring Trademark Rectification
Failure to rectify incorrect or outdated trademark information can result in:
โ Trademark being cancelled
โ Temporary removal from the Register
โ Weakening of legal protection
โ Exposure to infringement claims
Ensure that your brand doesnโt face these avoidable risks. ๐
๐ Need Help? Contact AxurTax Today!
Whether you're correcting an address, reclassifying your mark, or defending it from cancellationโAxurTax is here to help. Letโs protect your brandโs identity and ensure it remains legally sound.
๐งโ๐ผ Talk to our trademark experts now and stay compliant with confidence!