Updated on June 09, 2025 06:06:30 PM
Trademark rectification refers to the legal process to correct errors or inaccuracies in the registration of a trademark. This process helps to check that trademarks are accurate, authorized, and legally valid for use. Sometimes, when the name, address, or any other relevant information may be entered incorrectly during registration of a patent, you need a rectification to fix these errors and maintain the accurate details.
Trademark rectification is also applicable when a trademark fails to meet the standards of trademark registration criteria or conflicts with an existing trademark. If such issues are not addressed appropriately, they can cause legal problems, confusion of brands or cancellation of trademarks. Through the maintenance of proper trademark records, such risks can be minimized, and the business can protect its brand.
A trademark will be challenged if it is wrongly registered or misused by someone else in the market. The rectification process plays a crucial role in upholding the principles of fair dealing in such cases. This is important to the businesses because it assists them in reducing the risk of disputes and maintaining integrity. One of the key benefits of trademark registration is that once you register it, you can take legal action against anyone who misuses it. Below is the detailed process to correct the mistakes in trademark registration as well as the reasons why businesses must apply for trademark rectification.
Trademark rectification is the process used to correct mistakes in registered trademarks. This procedure ensures that trademarks truly represent the goods or services they protect. This way, you can maintain strong intellectual property rights. You may need to correct a trademark for reasons like typos, clerical errors, or changes in ownership or business structure. It protects the clarity and validity of trademarks. This way, it prevents confusion and misuse in the marketplace.
To file a trademark rectification application, certain key documents are required. Below is a list of essential documents needed for the process.
Trademark rectification allows you to correct errors or update details in a registered trademark. Follow below mentioned steps to ensure a smooth process:
Check whether rectification is needed to be made or not by comparing specific typical errors or modifications.
File the application to the Trademark Registrar through the proper forms; TM-16: application for proprietors; TM-26: application for aggrieved persons and the necessary fees.
Include supporting documents such as a detailed explanation of the issue, Evidence of incorrect information, affidavits supporting your claims, and legal authorization if filed by a third party.
Once the application is tendered and submitted, the registrar will analyze it, and may provide notices for the registered proprietor to answer.
If needed, there will be a trial where both sides will be able to show their evidence. The registrar will then come up with a decision concerning the rectification of the request made.
The fee charges for trademark registration in India vary based on the type of applicant and the filing method. Here’s a general breakdown:
| Steps | Online Government Fees | Offline Government Fees |
|---|---|---|
| Trademark Rectification fees | ₹900/- | ₹1,000/- |
| TM Registration fees for individuals | ₹4,500/- | ₹5,000/- |
| TM Registration fees for Company | ₹9,000/- | ₹10,000/- |
| TM Amendment fees | ₹900/- | ₹1,000/- |
| Trademark Renewal fees | ₹9,000/- | ₹10,000/- |
| Trademark Restoration fees | ₹9,000/- | ₹10,000/- |
| TM Belated Renewal fees | ₹9,000 + 3,000/- | ₹10,000 + 3,000/- |
| Trademark Opposition process fees | ₹2,700/- | ₹3,000/- |
| Hearing fees of TM registration | Nil | Nil |
| Fees for Reply to TM Examination Report | Nil | Nil |
Note: Professional fee charges for Trademark registration is ₹1500 only with Professional Utilities
Based upon the principle of trademark rectification, the procedure of rectification isn’t also restricted to the registered owner of the trademark. Anyone who feels they have been prejudiced by the registration can petition for change. This entails any competitor or other party who, for instance, may have an interest in the existence of the trademark.
Trademark rectification is a legal process that allows you to correct mistakes in a registered trademark, ensuring your brand is accurately represented and legally protected. Since trademarks play a vital role in building a brand’s identity and trust, keeping the records error free is crucial. However, the rectification process can be tricky and time consuming without proper guidance. That’s where we come in! At Professional Utilities, our experts make the process simple and smooth, handling everything from document preparation to application submission.
At Professional Utilities, we leverage our industry knowledge and expertise to help businesses navigate complex regulations, minimize risks, and optimize operations for maximum efficiency and profitability.
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Rectification is a facility provided by the Income Tax Department to amend an obvious error in your Income Tax Return.
Trademark rectification can be filed for errors, non-use, misleading information, or violations of trademark laws.
Trademark rectification corrects errors in registration, while cancellation removes a trademark due to non-use or legal violations.
The fee for trademark rectification in India varies based on the application type, starting from ₹900 when filed online.
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