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Trademark Rectification Services – ND Salva & Associates
A trademark is a distinctive mark that represents your brand identity. Whether it’s a name, logo, or symbol, registering a trademark ensures its legal protection. However, errors or omissions during the application or post-registration stages can compromise your rights. This is where Trademark Rectification becomes essential.
At ND Salva & Associates, we offer expert Trademark Rectification services to help you correct, update, or remove inaccurate information from the Trademark Register—ensuring full legal compliance and brand protection.
What is Trademark Rectification?
Trademark Rectification is the legal process of correcting any error, omission, or discrepancy in the Trademark Register as maintained by the Registrar of Trademarks. This process can be initiated to:
Correct clerical or administrative errors
Update applicant details
Remove unused trademarks
Rectify incorrect information provided during registration
The process is governed by Section 57 of the Trademarks Act, 1999, and aims to maintain the accuracy and integrity of the trademark database in India.
Common Reasons for Trademark Rectification
You may require a Trademark Rectification for any of the following reasons:
Clerical Errors in the trademark application form (e.g., wrong address, incorrect applicant name)
Incorrect Classification of goods or services
Changes in Ownership or Applicant Details
Failure to Use the Trademark for more than 5 years and 3 months
Improper Registration due to oversight or procedural lapses
Objection by an Aggrieved Party who believes the trademark infringes on their rights
Public Interest Concerns or misuse of trademark rights
Whether you’re the trademark holder or an affected third party, we help you initiate and manage the rectification process efficiently.
Who Can File for Trademark Rectification?
Under Indian trademark law, the following parties can initiate a rectification application:
1. Trademark Owner
If you discover mistakes in your registered trademark or need to update details, you can request rectification directly.
2. Aggrieved Party
Any individual or entity adversely affected by the registration of a trademark can apply for its rectification or cancellation.
3. Third Party
Even if not directly affected, a third party may apply for rectification if the registered mark misleads the public or infringes on broader rights.
Types of Rectification Forms
There are three primary forms used for Trademark Rectification in India:
Form Applicant Purpose TM-16 Trademark Proprietor To request correction or cancellation TM-M Registrar Initiated by the Registrar TM-26 Aggrieved Person Filed for rectification or cancellation by an affected party
Our legal team assists with selecting the correct form, preparing documentation, and filing it with the appropriate jurisdiction.
Jurisdiction for Trademark Rectification Applications
Trademark Rectification applications must be filed in the appropriate Trademark Registry office based on where the original trademark application was submitted. The five regional offices in India are:
Mumbai
Delhi
Chennai
Kolkata
Ahmedabad
At ND Salva & Associates, we handle rectification cases in all trademark jurisdictions across India.
Trademark Rectification Process
Our step-by-step process ensures complete and compliant filing of your rectification request:
Step 1: Consultation and Assessment
We review your trademark and identify grounds for rectification.
Step 2: Drafting the Application
We carefully draft the rectification petition, ensuring all required details and legal grounds are properly included.
Step 3: Filing the Correct Form
Depending on your situation, we file TM-16, TM-M, or TM-26 with the Registrar, along with supporting documents and prescribed fees.
Step 4: Document Submission & Verification
We submit all relevant documents (e.g., identity proof, address proof, trademark certificate) and monitor the verification process.
Step 5: Hearing (if required)
If contested, a hearing may be scheduled. Our IP lawyers represent your case before the Registrar or IP Appellate Board.
Step 6: Final Decision
Upon review, the authority will issue an order to rectify, modify, cancel, or maintain the trademark as appropriate.
Consequences of Trademark Rectification
Trademark Rectification can result in:
Correction or update of registration details
Cancellation of unused or misused trademarks
Protection of public interest or affected brand owners
Legal validation of rightful trademark holders
Failure to act may result in temporary suspension or permanent removal of the trademark from the register.
Consequences of Trademark Rectification
Trademark Rectification can result in:
Correction or update of registration details
Cancellation of unused or misused trademarks
Protection of public interest or affected brand owners
Legal validation of rightful trademark holders
Failure to act may result in temporary suspension or permanent removal of the trademark from the register.
Why Choose ND Salva & Associates for Trademark Rectification?
At ND Salva & Associates, we combine legal precision with client-focused service to deliver unmatched expertise in Trademark Rectification in India.
What Sets Us Apart:
Experienced Trademark Lawyers with proven track record
Pan-India Representation across all Trademark Registries
Customized Legal Solutions for every rectification case
Fast, Transparent, and Affordable Services
Strict Adherence to Trademark Act & Rules
End-to-End Support – from consultation to final decision
Get Expert Help for Trademark Rectification
Have you discovered an error in your trademark registration? Has your mark been wrongly registered or challenged by a third party?
Don’t risk your brand identity—consult ND Salva & Associates today for reliable legal advice and professional Trademark Rectification services.
