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 High Court to cancel or correct that registration.
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 the following grounds. Understanding which ground applies — and gathering the right evidence — determines the success of the petition.
Which Ground Applies to Your Case?
Non-Use (5+ Continuous Years) — Section 47
Mark not used since registration or for 5 continuous years. Owner must show use or give valid reason for non-use. Most common ground — highest success rate. Burden of proof shifts to registered owner.
Wrongly Remaining on Register — Section 57
Mark that never qualified for registration — inherently non-distinctive, generic, descriptive, or obtained by suppressing material facts. Should have been refused in the first place.
Contrary to Law — Sections 9 & 11
Registration violates absolute or relative grounds — misleading about nature/quality/origin, contains prohibited flags/symbols, obtained by fraud or misrepresentation to the Registrar.
Conflicting With Your Mark — Section 57 read with 11
Registered mark conflicts with your earlier/prior mark. They registered without notice of your use. Marks are deceptively similar and goods/services are identical or closely related.
Register Error Correction — Section 58
Factual error in the register — wrong proprietor name, address, class recorded. Typographical error in the mark itself. Filing date or convention date incorrect.
Business Dissolution / Death — Section 57(4)
Registered owner no longer exists as a legal entity — company struck off, sole proprietor passed away with no succession, partnership dissolved without trademark transfer.
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 1–2.
Evidence Gathering
Prior use evidence, sales records, advertising, earlier registrations — compiled into a comprehensive evidence bundle supporting your case. Day 3–10.
Petition Drafted
Section 57 rectification petition drafted with factual grounds, legal arguments, and the evidence bundle for filing with the Registrar or High Court. Day 10–15.
Filed & 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 15–20.
Hearing & Order
TaxClue represents you at the rectification hearing. On success, the Trademark Register is amended or the mark cancelled. 6–18 months.
Documents Required
Proof of Your Prior Use / Registration
Your TM certificate, invoices, advertising showing your earlier use.
Evidence of Confusion / Damage Caused
Customer confusion instances, lost sales, misdelivered orders.
Sales Invoices / Advertisements
Showing your continuous use of the mark in trade.
Your TM Certificate / Application Copy
If you have a conflicting registration or application.
Affidavit Verifying Facts
Sworn statement supporting the petition grounds.
IP India Register Extract
Current registration details of the mark being challenged.
Evidence of Non-Use
If non-use ground — proof that the mark has not been used in trade.
Any Advertisements / News
Showing non-use or contradicting the owner's claims.
Business Closure Records
If entity dissolved — ROC records, death certificate.
Prior Art / Earlier Registrations
Conflicting earlier registrations that should have prevented registration.
Common Mistakes in Rectification Petitions
Why Choose TaxClue?
Section 57 Specialists
Every ground covered — non-use, wrongly remaining, contrary to law, conflicting, error, dissolution.
Evidence-First Strategy
Prior use bundles prepared meticulously — invoices, advertising, website evidence compiled professionally.
Forum Strategy
TaxClue advises whether to file before the Registrar or directly before the High Court based on case complexity.
4.9/5 · IP Experts
Trade Marks Act specialists with proven rectification track record.
Frequently Asked Questions
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.
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