Trademark Rectification

Cancel, Remove, or Correct a Trademark on the Register

Trademark rectification is the process of correcting, cancelling, or removing an entry in the Register of Trade Marks. It can be used to remove a mark that was wrongly registered, to cancel a registered mark that has not been used for the prescribed period, or to correct an error or omission in the register. A rectification application is filed with the appropriate authority and is decided after both sides are heard.

We handle rectification and removal applications, whether you need to clear a conflicting mark or correct the register. Rectification is a remedy distinct from a pre-registration opposition, and the matter is usually decided at a hearing. Clearing a conflicting registration can also support enforcement through an infringement notice or pave the way for your own trademark registration.

Our Trademark Rectification Services

Rectification Assessment

Evaluating whether and on what basis rectification is possible.

Grounds & Strategy

Establishing the grounds and the strategy for the application.

Application Filing

Preparing and filing the rectification or removal application.

Evidence & Submissions

Compiling evidence and framing the submissions.

Hearing Representation

Representing you at the hearing of the matter.

Register Update Follow-up

Following up so the register reflects the outcome.

Our Approach

Assessing the grounds, such as non-use or wrongful registration
Building the strategy and supporting evidence
Filing the rectification or removal application
Representing you at the hearing
Following up until the register is updated

Benefits of Rectification

Removes wrongly registered or conflicting marks
Corrects errors or omissions in the register
Protects and strengthens your own rights
Can clear the path for your registration
A structured, evidence-based process
Supports overall brand protection

Why Choose Us?

Experience with rectification and removal matters
Sound assessment of available grounds
Strong drafting and evidence preparation
Confident hearing representation
Coordinated with your trademark registration goals

Frequently Asked Questions

What is trademark rectification?

Trademark rectification is the process of correcting, cancelling, or removing an entry in the Register of Trade Marks, for instance to remove a wrongly registered mark, cancel a mark for non-use, or fix an error in the register.

On what grounds can a trademark be rectified or cancelled?

Common grounds include that the mark was registered without sufficient cause, that it wrongly remains on the register, that it has not been used for the prescribed period, or that there is an error or omission in an entry.

Who can file a rectification application?

A person aggrieved by an entry in the register, such as the proprietor of a conflicting or earlier mark, can generally file a rectification application. The proprietor may also apply to correct their own registration details.

Can a trademark be removed for non-use?

Yes. A registered trademark can be liable to removal if it has not been used for a continuous period prescribed under the Act, subject to the conditions and exceptions provided in the law.

Where is a rectification application filed?

A rectification application is filed before the appropriate authority, which may be the Registrar of Trade Marks or the relevant appellate forum, depending on the nature of the matter and the prevailing law.