Trademark Rectification —
Remove Wrongly Registered
or Conflicting Marks
Someone registered a trademark that conflicts with yours — or a mark was registered incorrectly. Section 57 of the Trade Marks Act, 1999 gives you the right to petition the Registrar or Intellectual Property Appellate Board (IPAB / High Court) to cancel or correct that registration.
File Rectification Petition
Expert calls within ✅ 30 minutes
6 Grounds to Cancel or Correct a Trademark
Section 57 of the Trade Marks Act, 1999 allows any aggrieved person to petition for rectification of the register on any of these grounds.
🕐 Non-Use (5+ Continuous Years)
Mark not used since registration or for 5 years from date of registration
❌ Wrongly Remaining on Register
Mark that never qualified for registration in the first place
⚠️ Contrary to Law
Registration violates absolute or relative grounds
🔄 Conflicting With Your Mark
Registered mark conflicts with your earlier/prior mark
📝 Register Error Correction
Factual error in the register — wrong details, class, proprietor
🏢 Business Dissolution / Death
Registered owner no longer exists as a legal entity
How TaxClue Files a Rectification Petition
Case Assessment
We search IP India to verify the mark's status, assess your grounds, and advise on the strongest argument for cancellation.
Day 1–2Evidence Gathering
Prior use evidence, sales records, advertising, earlier registrations — compiled into a comprehensive evidence bundle supporting your case.
Day 3–10Petition Drafted
Section 57 rectification petition drafted with factual grounds, legal arguments, and the evidence bundle for filing with the Registrar or IPAB / High Court.
Day 10–15Filed & Served
Petition filed on IP India portal. Notice served on the registered owner who gets 2 months to file a counter-statement defending their registration.
Day 15–20Hearing & Order
TaxClue represents you at the rectification hearing. On success, the Trademark Register is amended or the mark cancelled.
6–18 months📄 Documents Required
Your Documents (Petitioner)
About the Mark to be Cancelled
❓ Frequently Asked Questions
Under Section 47 of the Trade Marks Act, 1999, a mark can be removed for non-use if it has not been used for a continuous period of five years from the date of completion of registration (i.e., from the date it entered the register). There is also a provision where if a mark was not used for one month before the filing of an identical or similar application, it can face cancellation. The key word is "genuine use" — token use or use only to defeat a cancellation petition is not counted by the courts.
Rectification petitions can be filed before the Registrar of Trade Marks OR the Intellectual Property Appellate Board (IPAB), now subsumed into the High Courts after the Tribunals Reforms Act 2021. If a pending civil infringement suit is already in the High Court, rectification is typically filed before the same High Court to consolidate proceedings. TaxClue advises on the optimal forum based on your case, timeline, and budget.
Yes — upon receiving notice of the petition, the registered owner has 2 months to file a counter-statement defending their registration. They may show evidence of use, valid reasons for non-use (force majeure, regulatory delays), or argue that the grounds cited do not apply. TaxClue prepares for the counter-statement by anticipating likely defences during petition drafting and pre-emptively addressing them in the initial evidence bundle.
Opposition (Section 21) is filed during the 4-month publication window — before a mark is registered. Rectification (Section 57) is filed after the mark has been registered — to remove it from the register. Cancellation is the practical outcome of a successful rectification petition. If you missed the opposition window, rectification is your remedy. TaxClue assesses which proceeding is appropriate based on where the conflicting mark currently stands in the registration process.
⚠️ Common Mistakes in Rectification Petitions
- Filing on non-use grounds before the 5-year period has elapsed from registration date
- Not compiling adequate evidence of your own prior use to establish locus standi as an aggrieved person
- Serving notice incorrectly — improper service means the petition can be dismissed on procedural grounds
- Filing before the Registrar when the case is complex enough to warrant the High Court forum
- Missing the counter-statement deadline after the registered owner responds — defaults in your favour but only if deadline genuinely missed by them
Complete Trademark Protection by TaxClue
Trademark Registration
Register your mark before someone else does — the best defence against having to rectify.
Learn More →Infringement Notice
After rectification succeeds, enforce your clean mark with a cease & desist.
Learn More →Trademark Rectification — Remove It from the Register
Conflicting mark blocking you? Non-use mark squatting on your space? TaxClue's IP team files the Section 57 petition, builds your evidence bundle, and represents you through to a successful cancellation.
🔒 Confidential · 4.9★ · Section 57 Specialists · IPAB / High Court Filing · Evidence Bundle Included