Trademark Rectification
Done-for-you by Company Mitra's qualified experts — 100% online, transparent pricing, no running around.
- 5–7 working days
- 100% Online
- Qualified Experts
- Secure Payment
What you get
- Drafted rectification petition with grounds
- Filed Form TM-O acknowledgement
- Counter-statement or evidence affidavit as needed
- Case status updates till disposal
Documents required
Keep these ready — scanned copies or clear phone photos are fine.
- Trademark registration details of impugned mark (Other) – Mandatory
- Proof of prior use (invoices, ads) (Other) – Mandatory
- Your trademark application or certificate (Other) – Optional
- Evidence of non-use by registered owner (Other) – Optional
- Authorisation letter (Form TM-48) (Authorised signatory) – Mandatory
- PAN card of applicant (Individual) – Mandatory
How it works
Filing in 5–7 working days; Registry hearing and decision may take 6–18 months
- 1Consultation
- 2Share the conflicting trademark and your concerns.
- 3Evidence collection
- 4Provide proof of use and other supporting documents.
- 5Drafting
- 6We draft the rectification petition or counter-statement.
- 7Filing
- 8Form TM-O is filed with the Trade Marks Registry.
- 9Hearing and decision
- 10We track the case through evidence and hearing till order.
About Trademark Rectification
Overview
Trademark rectification under Section 57 of the Trade Marks Act, 1999 lets an aggrieved person seek cancellation or variation of a registered trademark that was wrongly entered, is deceptively similar to an earlier mark, or has not been used for a continuous period of 5 years.
Company Mitra helps you assess the grounds, collect evidence of prior use, draft a strong statement of case and file Form TM-O with the Trade Marks Registry. If someone has filed rectification against your mark, we prepare and file your counter-statement and evidence.
- Petition and counter-statement drafting
- Evidence affidavit support
- Tracking till final order
This is a starting fee. Final fee depends on evidence volume, number of hearings and whether High Court proceedings are needed.
Who needs it
- Owners whose mark is wrongly registered by another person
- Proprietors facing a non-use or conflicting registration
- Registered proprietors served with a rectification petition
- Businesses needing an incorrect entry in the register removed or varied
What's included
Included:
- Review of the impugned registration and grounds
- Drafting rectification petition under Section 57 with statement of case
- Filing Form TM-O on the IP India portal
- Drafting counter-statement if you are the respondent
- Evidence affidavit drafting and filing support
- Case tracking and hearing coordination
- Starting fee; final fee depends on evidence volume and number of hearings
Not included:
- Government fee for TM-O and other forms
- Advocate appearance fee for multiple hearings
- High Court proceedings
- Investigation or market survey for non-use evidence
Ready to get started?
Place your order in 2 minutes — our expert takes it from there.
Frequently asked questions
What is trademark rectification?
It is a petition under Section 57 of the Trade Marks Act, 1999 to cancel or vary a registration that was wrongly made or remains on the register without sufficient cause.
Who decides rectification now?
After abolition of IPAB in 2021, rectification petitions are heard by the Registrar of Trade Marks or the High Court.
What are common grounds?
Prior use, bad-faith adoption, similarity with an earlier mark and non-use for 5 years under Section 47 are common grounds.
How long does it take?
Typically 6 to 18 months depending on evidence and hearing dates.
Can a typo in my own registration be corrected?
Yes. Clerical corrections are made through Form TM-M, which is a simpler filing.
Compliances after this
- Respond to Registry notices within the given time
- Attend hearings or authorise representation
- Keep use evidence of your mark updated
Penalty for delay / non-compliance
If a registered proprietor fails to file a counter-statement within the prescribed time, the petition may be decided ex parte and the mark may be removed from the register under Section 57 of the Trade Marks Act, 1999.
