What is Trademark Rectification?

Trademark Rectification is the legal procedure to correct an error or remove a registered trademark from the official register. It applies when a trademark is wrongly registered, registered without sufficient cause, or contains misleading information. This ensures that the Trademark Register remains accurate, fair, and up to date.

When is Trademark Rectification Required?

Rectification may be necessary in cases such as:

• Incorrect or false information in the application.

• Non-use of the trademark for a continuous period.

• Trademark registered without genuine intention of use.

• Errors in the trademark details (owner’s name, address, description, etc.).

• Trademark obtained by fraud or misrepresentation.

Step-by-Step Process for Trademark Rectification

1. Identify the Grounds for Rectification

Before filing, determine the exact reason for the rectification—whether it is a clerical error, non-use, fraud, or misleading registration.

2. Prepare the Application

File an application for rectification with the Registrar of Trademarks in the prescribed format, including:

• Trademark details

• Registration number

• Grounds for rectification

• Supporting documents

3. Submission to the Appropriate Office

Submit the rectification request to the relevant Trademark Registry Office based on jurisdiction.

4. Notice to the Trademark Owner

The Registrar issues a notice to the registered trademark owner, giving them a chance to respond.

5. Evidence & Hearing

Both parties can submit evidence. The Registrar may schedule a hearing to evaluate the matter.

6. Decision by the Registrar

If the application is justified, the trademark will be corrected, removed, or modified in the register.

Why Choose Hellaw IP for Trademark Rectification?

At Hellaw IP, we provide end-to-end support for rectification cases. Our experts ensure:

• Accurate legal documentation

• Timely filing with the Registrar

• Strong representation during hearings

• Protection of your brand rights

Protect your brand. Correct errors before they cost you your trademark.
📞 Contact Hellaw IP today to discuss your rectification needs.