Rectification Of Registered Trademark In India

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration.  A mark may have been wrongly registered or may have remained on the register even after its expiry. In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.

Who can file rectification petition:

The aggrieved party is entitled to file a petition for the rectification or cancellation of registration or removal of the registered mark.

Grounds for filing an application for trademark rectification or cancellation:

i) That the registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered.