What is Trademark Rectification?
Trademark Rectification is a legal mechanism to correct errors, omissions, or inaccuracies in the Trademark Register after a trademark has been registered. It is governed by Chapter 7, Section 57 of the Trade Marks Act, 1999. Rectification can also be used to cancel a trademark that was wrongly registered or is no longer in use.
Both the trademark owner and aggrieved third parties can seek rectification. Applications are filed with the Trademark Registry (at the office where the trademark was originally registered) or before the High Court.
Grounds for Trademark Rectification
| Ground | Who Can File |
|---|
| Errors in the trademark register (wrong name, address, class, mark description) | Proprietor (TM-16) |
| Trademark registered despite existing conflicting marks | Aggrieved person (TM-26) |
| Non-use of trademark for 5 years and 3 months | Any person (TM-26) |
| Trademark obtained by fraud or misrepresentation | Any aggrieved person |
| Mark has become generic or common in trade | Any person |
| Proprietor no longer exists (company dissolved) | Registrar (TM-M) |
| Registration causes confusion with another mark | Aggrieved person |
Forms for Rectification
| Form | Filed By | Purpose |
|---|
| TM-16 | Trademark Proprietor | Correction of errors or cancellation by the owner |
| TM-M | Trademark Registrar | Suo motu rectification by the Registrar |
| TM-26 | Aggrieved Third Party | Cancellation or amendment by an affected person |
Trademark Offices for Filing
Rectification applications must be filed at the Trademark Registry office where the original registration was obtained:
- Mumbai — Maharashtra, Gujarat, Madhya Pradesh, Goa, Chhattisgarh
- Delhi — Delhi, Punjab, Haryana, Himachal Pradesh, J&K, Rajasthan, UP, Uttarakhand
- Chennai — Tamil Nadu, Andhra Pradesh, Karnataka, Kerala
- Kolkata — West Bengal, Bihar, Odisha, Assam and Northeast
- Ahmedabad — Gujarat (alternate office)
