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IndianTaxPert — Simplifying Business Registration & Compliance in India | Company Incorporation • LLP Formation •
Have you discovered that someone has wrongfully or dishonestly registered a trademark similar to yours? Indian trademark law allows you to legally challenge such registrations through a Trademark Rectification Application.
At IndianTaxPert, we assist you in filing a Trademark Rectification or Cancellation petition to protect your rightful brand identity. A rectification application can be filed within five years from the date of registration of the disputed trademark.
Register Your LLP Online in India – Expert Assistance
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Reliable & Cost-Effective IPR Support
We provide expert-led trademark rectification services through experienced intellectual property professionals, ensuring accuracy, compliance, and timely action.
💰 Pricing Starts at: ₹14,999*
(*Plus applicable Government Fee & GST)
What’s Included in Our Service Package
Initial Legal Consultation
Eligibility & Claim Assessment
Drafting of Trademark Rectification Petition
Review by Senior Trademark Attorney
Filing of Rectification Application (TM-O)
Application Status Tracking & Updates
Overview of the Trademark Rectification Process
| Particulars | Details |
|---|---|
| Purpose | Removal or correction of a wrongly registered trademark |
| Legal Basis | Trademark Act, 1999 |
| Time Limit | Within 5 years of disputed mark registration |
| Prescribed Form | TM-O |
| Government Fee | ₹2,700 |
| Estimated Timeline | Around 6 Months |
| Hearing | Both parties are given an opportunity to be heard |
What is Trademark Rectification?
Trademark rectification is a formal legal process used to correct, cancel, or remove a trademark that has been registered incorrectly, fraudulently, or without genuine use.
If your brand existed earlier or your rights have been affected due to a dishonest registration, you can file a rectification petition before the Registrar of Trademarks or the jurisdictional High Court.
Key Highlights
- Legal challenge to an existing registered trademark
- Must be filed within the statutory time limit
- Online filing and digital hearing process
- More economical than infringement litigation
- Both parties are heard before a decision is made
How IndianTaxPert Helps You
- Evaluate your trademark claim thoroughly
- Identify valid legal grounds for rectification
- Prepare strong documentary evidence
- Represent you during hearings
- Assist with appeals, if required
Step-by-Step Process to File Trademark Rectification
1
Eligibility Assessment
Any aggrieved person can apply if prior use is established.
2
Drafting the Petition
Strong documentation and evidence preparation.
3
Filing the Application
Online filing in Form TM-O.
4
Evidence Submission
Submission of documents by both parties.
5
Hearing
Arguments before the Registrar.
6
Final Order
Rectification, removal, or modification.
Best Practice: Issue a Cease & Desist Notice before filing rectification to strengthen your legal position and encourage voluntary compliance.
