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What Is Trademark Rectification?

Trademark rectification refers to the legal process of correcting or modifying an entry in the Trademark Register when an error, discrepancy, or misleading detail is found in a registered or pending trademark.

It may relate to wrong name/address of owner, wrong class of goods/services, clerical mistakes, or a trademark wrongly remaining on the register. Rectification ensures that the register reflects accurate, updated, and legally valid information.

Who Can File Trademark Rectification?

  • Trademark Owner / Registered Proprietor
  • Any Interested Third Party
  • Legal Representative or Agent
  • Assignee or Successor in Title
  • Registrar of Trademarks (on his own motion)
Invenix helps you file Trademark Rectification and related proceedings online, making the entire process seamless and legally compliant.

Select Trademark Rectification Packages

Trademarks Rectification Package

FOR INDIVIDUAL / PROPRIETOR

₹ 2,499.00

  • InvenixError Identification
  • InvenixDrafting & Filing Rectification Request
  • Invenix Correction of Name / Address / Details
  • Invenix Reply to Queries
  • Invenix Email + Chat Support
Trademarks Rectification Package

FOR PARTNERSHIP FIRM / LLP

₹ 3,499.00

  • InvenixError Identification
  • Invenix Review of Partnership / LLP Agreement
  • InvenixOwnership Verification
  • InvenixDrafting Additional Supporting Documents
  • InvenixChat + Email + Call Support
Trademarks Rectification Package

FOR PRIVATE LIMITED / PUBLIC LIMITED COMPANY

₹ 4,999.00

  • Invenix Error Identification
  • Invenix Board Resolution Drafting
  • InvenixCorrection of Company Name / Address / Details
  • InvenixHandling Examiner Queries
  • Invenix Dedicated Case Manager
  • InvenixChat + Email + Call Support
Trademarks Rectification Package

FOR COMPLEX RECTIFICATION (Any Entity)

₹ 9,999.00

  • InvenixDetailed Error Analysis
  • Invenix Drafting & Filing Rectification Petition
  • Invenix Reply to Examination / Objections
  • Invenix Support During Hearing (1 Hearing)
  • InvenixAdditional Document Drafting
  • InvenixDepartment Follow-up
  • InvenixPriority Support
  • Invenix Unlimited Chat + Call Support
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Consequences of Not Filing Trademark Rectification

Loss of Ownership Rights

Incorrect or outdated details may weaken your legal claim and even risk loss of trademark rights in serious cases.

Risk of Cancellation

Competitors or third parties may seek cancellation or rectification against your mark due to wrong entries.

Increased Legal Disputes

Errors in the register often lead to litigation, oppositions, or objections during enforcement or licensing.

Weak Protection

Incorrect details can weaken your trademark protection and make enforcement difficult in courts.

Delays in Licensing/Franchising

Investors, licensees, or franchise partners may face delays due to mismatch in register vs. real ownership/use data.

Impact on Brand Valuation

Incorrect entries hurt brand valuation, due-diligence reports, and may attract scrutiny or penalties.

Benefits of Filing Trademark Rectification Through Invenix

Expert Guidance

We draft rectification applications with clear legal grounds, minimising chances of rejection by the Registry.

Time-Saving Process

Invenix streamlines filings, follow-ups and communication so you don’t waste time on procedural hassles.

Accurate Documentation

All supporting documents, proofs, and affidavits are carefully compiled and verified before submission.

Compliance Assurance

Applications are prepared as per Trademark Act & Rules to avoid technical defects or objections.

Status Tracking

We keep you updated on every stage—filing, notice, reply, hearing, and final order of rectification.

Dispute Handling

Our experts assist in responding to counter-statements, oppositions, and hearings before the Registrar.

Risk Mitigation

Professional filing reduces the risk of legal errors that may compromise your trademark rights.

Peace of Mind

You focus on running your business while we manage the entire rectification process end-to-end.

Documents Required for Trademark Rectification

Key documents needed for a successful rectification application.

  • Application Form (TM-26 / TM-43)
  • Filled rectification form as per trademark type – TM-26 for registered marks, TM-43 for pending applications.

  • Proof of Ownership
  • Registration certificate, application copy, or evidence of prior use showing your rights over the mark.

  • Supporting Documents for Correction
  • Documents showing correct name, address, logo, class, or specification of goods/services to be updated.

  • Evidence of Use (if applicable)
  • Invoices, labels, packaging, website screenshots, or advertisements showing actual use of the trademark.

  • Affidavit / Declaration
  • Sworn statement affirming the truthfulness of the rectification request and supporting grounds.

  • Power of Attorney (if filed through agent)
  • Authorising Invenix or your attorney to act, file, and correspond on your behalf with the Trademark Registry.

  • Fee Payment Proof
  • Receipt of the prescribed government fees paid for filing the rectification application.

  • Any Additional Evidence
  • Any other document that strengthens your claim—assignment deeds, merger documents, or board resolutions, etc.

Here’s How The Trademark Rectification Process Works

Your rectification journey broken down into clear, simple steps.

1

Identify the error or wrong entry in the Trademark Register.

2

Collect supporting documents proving the correct information.

3

Draft rectification application with proper grounds and justification.

4

File Form TM-26 (registered mark) or TM-43 (pending mark) and pay government fees.

5

Registry scrutinizes the application and issues notice to the opposite party (if any).

6

Opposite party (if involved) may file counter-statement and both parties submit evidence.

7

Hearing before Registrar and final order passed for acceptance or rejection of rectification.

Frequently Asked Questions – Trademark Rectification

Trademark rectification is the process of correcting or modifying incorrect, outdated, or misleading details in the Trademark Register for a registered or pending trademark.
It should be filed when there is a mistake in registered details such as owner name, address, class, or specification of goods/services, or when a mark wrongly remains on the register.
Opposition challenges a trademark application before registration, while rectification is used to correct or remove an already registered or pending mark due to errors or misrepresentation.
Form TM-26 is used for registered trademarks and Form TM-43 is used for pending trademark applications.
Yes, rectification can be filed for both registered and pending trademarks, using the appropriate form based on status.
The trademark owner, any interested party, or a legal representative/agent authorised by the owner can file for rectification.
Common reasons include errors in owner details, incorrect class or goods/services, spelling mistakes, wrong registration number, or incorrect assignment information.
Government fees typically range from ₹2,000 to ₹5,000 per class, depending on whether the applicant is an individual/startup/small enterprise or another entity.
TM-26/TM-43 form, proof of ownership, supporting documents for correction, affidavit/declaration, power of attorney (if applicable), fee payment proof, and evidence of use (if applicable).
Yes, rectification applications can be filed online through the official IP India Trademark e-filing portal.
Generally, it may take around 6–12 months, depending on complexity, objections, hearings, and Registry workload.
The Registry scrutinizes the application, may issue notices, invites counter-statements if needed, and then proceeds with evidence, hearing, and final order.
Yes, the other party can oppose or contest the rectification through a counter-statement and by presenting their evidence and arguments.
In most cases, the Registrar may call for a hearing to hear both sides before passing the final order on rectification.
Yes, rectification is commonly used to update or correct the owner’s name, address, or assignment details in the register.
Delay can lead to disputes, weakened rights, and potential cancellation actions by competitors or third parties.
Yes, Invenix provides end-to-end support—drafting, filing, replying to notices, and assisting in hearings until the rectification is decided.
It is not mandatory, but professional assistance significantly reduces errors and improves chances of successful rectification.
You can track the status online on the IP India Trademark portal using your application/acknowledgment number, or Invenix can share periodic updates.
Non-filing may lead to loss of ownership rights, weak protection, risk of cancellation, legal disputes, licensing delays, and even possible penalties due to false or incorrect entries remaining in the register.