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  1. Home
  2. Trademark Registration
  3. Trademark Rectification

Trademark rectificationGet a wrongly registered or unused mark off the register.

Section 47 allows removal for non-use. Section 57 allows the register to be rectified where an entry was made without sufficient cause, wrongly remains on the register, or contains an error or defect. The two are usually pleaded together, because section 47 attacks the use and section 57 attacks the validity of the registration itself.

Assess my rectification caseWhatsApp us

Send us the registration number of the mark you want removed, or the petition served on you. We assess standing, grounds and forum before quoting. Serving 250+ clients from Kolkata, Delhi and Bengaluru.

Reviewed by CA Ganpat Khemka· Last updated 22 September 2026

  • Fee on quote
  • Form TM-O, ₹2,700 per class on e-filing
  • No use for 5 years or more, ending within 3 months of filing
  • Form TM-O, Registrar or High Court

On this page

  1. Which remedy applies to you
  2. The two grounds, precisely
  3. Where a rectification is filed
  4. How the work runs
  5. Evidence: both sides of the same file
  6. Rectification fees
  7. What happens if the petition succeeds
  8. Frequently asked questions

Not registered yet? Start with trademark registration.

Which remedy applies to you

Rectification is one of four ways to deal with somebody else's mark, and which one is available depends entirely on where that mark is in its life.

Where the other mark isRemedyForm and window
Still under examination, cited against your applicationArgue the citation in your objection reply, or get a consent letterReply within one month of the examination report, no government fee
Advertised in the Trade Marks Journal, not yet registeredOppositionForm TM-O within 4 months of advertisement
Registered, and blocking your application or your businessRectification or removalForm TM-O under section 47 or 57, no time limit
Registered, and being used against you in a cease and desist notice or a suitRectification, and section 124 if a suit is on footForm TM-O before the Registrar, or the High Court where section 124 applies

Two consequences follow. First, rectification has no deadline, unlike opposition, which closes four months after advertisement. If you missed the Journal, you have not lost the fight. Second, rectification is usually the cheaper answer to a section 11 citation than two years of arguing that two similar marks are dissimilar, because a mark that is not being used cannot be defended on the evidence.

The two grounds, precisely

Section 47 is about use. Section 57 is about whether the entry should be there at all.

Section 47Section 57
What it attacksNon-use of a registered markThe validity or correctness of the entry
Who may applyA person aggrievedA person aggrieved; the Registrar may also act on his own motion under section 57(4)
Core test, limb oneRegistered without a bona fide intention to use, and no bona fide use up to three months before the applicationThe entry was made without sufficient cause
Core test, limb twoA continuous period of five years or longer from the date of entry in the register with no bona fide use, ending not more than three months before the applicationThe entry wrongly remains on the register, or contains an error or defect
DefenceEvidence of bona fide use in the course of trade, or special circumstances in the trade under section 47(3)That the registration was properly granted
OutcomeThe mark is removed, wholly or for some of the goods or servicesThe entry is cancelled, varied or corrected

Three points people get wrong on section 47:

  • The five years runs from entry in the register, not from the application date. A mark filed in 2020 and entered on the register in 2024 is not open to a non-use attack in 2026 on the five-year limb, however long the application sat in the Registry.
  • Special circumstances excuse non-use, inertia does not. Section 47(3) covers restrictions on the use of the mark in India imposed by any law, or other special circumstances in the trade. Regulatory delay in a licensed sector can qualify. Forgetting about the brand does not.
  • The three-month proviso blocks a late scramble. Use started up after the proprietor became aware that the application was coming, but within three months before the application, is disregarded. A proprietor who begins selling the week your notice arrives does not thereby defeat the petition.

Where a rectification is filed

Before the Registrar, unless an infringement suit has already put the validity of the registration in issue.

SituationForum
No suit pending anywhereThe Registrar, in Form TM-O
An infringement suit is pending and you plead that the registration is invalidSection 124: the court frames the issue and stays the suit, and the rectification goes to the High Court
A rectification was already pending before the suit was filedSection 124: the court stays the suit pending its disposal
Appeal from the Registrar's orderThe High Court. The Intellectual Property Appellate Board was dissolved by the Tribunals Reforms Act, 2021 and IP India has notified the dissolution

This is the part worth getting right before anything is filed. If you are already facing a suit, or you are about to send a cease and desist notice that will provoke one, the forum question changes and so does the cost. Decide the litigation strategy first and the filing second.

How the work runs

  1. Register and market check. We pull the full prosecution history and current status of the target registration from the IP India register before advising.
  2. Standing, grounds and forum, assessed and set out in writing before anything is filed.
  3. The petition in Form TM-O, before the Registrar, or before the High Court where section 124 applies because validity has been put in issue in an infringement suit. Evidence and affidavits are compiled with the petition.
  4. The contested stages, including the proprietor's counter-statement and the evidence.
  5. Representation before the Registrar at the hearing. High Court proceedings are conducted by advocates: we prepare the Registry record and the evidence and brief counsel.

Evidence: both sides of the same file

A non-use petition is won and lost on documents, and the burden moves once.

If you are attacking the mark, you have to make out a prima facie case of non-use. You cannot prove a negative, so the work is building an absence:

  • A market investigation: retailers, distributors, trade directories and the relevant trade channels.
  • Online absence: no listings, no active website using the mark, no advertising, no social presence.
  • Registry history: no renewal beyond the minimum, no licence recorded, no registered user entry.
  • Corporate records: MCA filings and GST status of the proprietor, which can show the business itself is dormant.

If you are defending, the burden then sits with you and it is purely evidentiary:

  • Dated invoices and purchase orders spanning the five-year window, not just the start and end of it.
  • Advertising with dates, media invoices, packaging artwork, catalogues.
  • Listings and marketplace records.
  • GST returns showing turnover attributable to the mark.
  • Use of a mark that differs only in an immaterial way still counts, and so does use on goods for export from India.

Businesses that did use the mark are the ones that most often lose here, because nothing was kept in a form that ties a date to the mark. If you own registrations you are not actively defending, build the evidence file while the evidence still exists.

Rectification fees

Our professional fee is on quote, because a rectification is a contested proceeding and the work depends on the stages it runs through. The government fee is fixed.

Government fee (First Schedule, Trade Marks Rules, 2017)

What you are filingE-filingPhysical filing
Rectification or removal application, Form TM-O₹2,700 per class, per registration attacked₹3,000
Counter-statement by the proprietor, Form TM-O₹2,700 per class₹3,000
Adjournment or other request, Form TM-M₹900 per request₹1,000
Hearing before the RegistrarNo government feeNo government fee

Professional fee

StageRegikart fee
Assessing standing, grounds and forum, with a register and market checkFee on quote
Rectification petition with evidence, before the RegistrarFee on quote
Defending a rectification against your registrationFee on quote
Hearing representation before the RegistrarFee on quote

Professional fees exclude GST at 18%. Government fees, where they apply, are paid at actuals to the department and are shown separately. Fees verified on 22 September 2026.

High Court proceedings are different. Court fees, process fees and advocates' fees are third-party costs, they vary by court, and we do not quote them. We prepare the Registry record and the evidence and brief counsel.

A registered mark is blocking your application?

Send us the registration number. We will check whether it is actually in use, whether you have standing, and which of section 47 or 57 gives you the better case.

Assess my rectification caseWhatsApp us

What happens if the petition succeeds

The mark comes off the register, in whole or in part, and your own application is unblocked.

  • Partial removal is common. Section 47 allows removal for the goods or services that were not used, leaving the rest. A proprietor who used a mark on shirts but registered it across the whole of class 25 can end up with a narrowed registration rather than none.
  • Your citation falls away. Where the removed mark was the section 11 citation against your application, the objection goes with it, and the examination can proceed. Run the petition alongside your reply to the examination report rather than separately.
  • The other side can appeal. To the High Court, which means the matter is not closed on the day of the order.
  • Then renew and defend your own mark. A mark you fought for is worth diarising. See trademark renewal.

Not sure whether rectification or opposition is the right route? Send us the registration number and we will tell you which is open.

Trademark Rectification FAQ

Frequently asked questions

Common questions about Trademark Rectification.

Still have questions?

Share your details and a CA or CS will reply with the next steps and a written fee.

Assess my rectification case →

An application to remove or correct an entry in the register of trade marks. Section 47 removes a registered mark for non-use. Section 57 cancels, varies or corrects an entry that was made without sufficient cause, wrongly remains on the register, or contains an error or defect. Both are filed in Form TM-O at ₹2,700 per class on e-filing.

A continuous period of five years or longer, running from the date the mark was actually entered in the register, with no bona fide use, and ending on a date not more than three months before the rectification application. The five years runs from entry in the register, not from the application date, so a long Registry delay does not start the clock early.

No. Unlike opposition, which closes four months after the mark is advertised in the Trade Marks Journal, rectification has no deadline. This is why missing the Journal is not fatal. If a registered mark is blocking your application or your business, the petition can be filed whenever the grounds exist.

A person aggrieved. The test is read broadly and covers an applicant whose mark has been cited, a trader hampered by the registration, and anyone facing an infringement threat based on it. You do not need to own a registration, but you do need a real and present commercial interest rather than a speculative one. The Registrar may also act on his own motion under section 57(4).

Not by starting late. The proviso to section 47 disregards use begun after the proprietor became aware that the application was coming, where that use falls within the three months before the application. A proprietor who resumes selling the week your notice arrives does not cure five years of non-use. Genuine use inside the five-year window is a different matter and is a full defence.

Before the Registrar in Form TM-O, unless section 124 applies. Where the validity of the registration has been put in issue in an infringement suit, the court frames the issue and stays the suit, and the rectification goes to the High Court. Appeals from the Registrar's orders also go to the High Courts, because the Intellectual Property Appellate Board was dissolved by the Tribunals Reforms Act, 2021.

Yes. Section 47 allows removal in respect of the goods or services for which there was no bona fide use, leaving the rest of the registration standing. A proprietor who used a mark on one product but registered it across a whole class can end up with a narrowed registration. For an applicant, a narrowed citation is often enough to clear the objection.

With dated documents spread across the five-year window: invoices, purchase orders, advertising with media invoices, packaging artwork, catalogues, marketplace listings and GST returns showing turnover attributable to the mark. Use of a mark differing only immaterially counts, and so does use on goods exported from India. Section 47(3) special circumstances in the trade can also excuse non-use.

Yes, if it is not in use or should not have been registered. File a rectification in Form TM-O at ₹2,700 per class, under section 47 for non-use or section 57 for a wrong entry. There is no deadline, so it works even after the opposition window has closed. The first step is a register and market check to see whether the mark is actually being used.

Often, yes. The government fee is ₹2,700 per class and the petition attacks the citation at its root. Arguing that two similar marks are dissimilar can run through an objection reply, a show cause hearing and an appeal, and the citation survives throughout. Where the cited mark is not in use, removing it clears the path instead of working around it.

Related services

  • Logo Registration
  • Trademark Assignment
  • Trademark Renewal
  • Trademark Opposition
  • Trademark Hearing
  • Trademark Licensing

Find out whether the blocking mark can be removed

Rectification and removal, Form TM-O

Call or WhatsApp +91 70444 94804 with the registration number of the blocking mark. We assess standing, grounds and forum before quoting.

Assess my rectification caseWhatsApp us

Call +91 70444 94804 or email [email protected]. Offices in Kolkata (head office), Delhi and Bengaluru.

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