Any Aggrieved Person
Section 57 allows any person aggrieved by the absence, presence or form of an entry to apply. You need not be the owner of a registered mark.
TRADEMARK RECTIFICATION
Trademark Rectification Registration
Remove or correct entries in the Trademark Register under Section 57 of the Trade Marks Act, 1999. Petition drafting, Form TM-26 filing, evidence compilation and hearing representation . Government fee ₹3,000 per class (e-filing). Challenge non-use, fraud or wrongful registrations.
Section 57Cancel / Vary / Correct
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SAMPLE
Trademark Registration Certificate
Trade Marks Registry (IP India) — sample certificate of registration
Illustrative sample. Your official certificate is issued after approval.
01
Section 57
Any aggrieved person can apply to cancel, vary or rectify an entry in the Register of Trademarks
02
Form TM-26
Prescribed form under Rule 80. Government fee ₹3,000 per class (e-filing) / ₹3,500 (physical)
03
12–24 Months
Typical duration of rectification proceedings from filing to final order
04
Registrar or High Court
Filed before the Registrar of Trade Marks or the concerned High Court (IPAB abolished)
OVERVIEW
What is Trademark Rectification?
Trademark rectification is a legal remedy under Section 57 of the Trade Marks Act, 1999 that allows any aggrieved person to apply for the removal, variation or correction of an entry in the Register of Trademarks. It is one of the most important post-registration remedies in Indian trademark law, enabling challenge of wrongful, fraudulent or non-used registrations.
The application is made in Form TM-26 before the Registrar of Trademarks or the concerned High Court. The power under Section 57 is broad — it covers not only removal (cancellation) but also variation of conditions and correction of errors. Proceedings are quasi-judicial: petition, evidence, counter-statement, hearing and a binding order. Since the IPAB was abolished in 2021, rectification petitions are heard by the Registrar or the High Court.
Governing Law
Trade Marks Act, 1999 (Section 57)
Rules
Trade Marks Rules, 2017 (Rule 80)
Key Form
Form TM-26
Govt Fee (e-filing)
₹3,000 per class
GROUNDS
Grounds for Trademark Rectification
| Ground | Legal Provision | Description |
|---|---|---|
| Non-use for 5+ years | Section 47(1)(b) | Mark not used by the proprietor for a continuous period of 5 years or more from the registration date |
| Fraud / Wrongful entry | Section 57 | Entry made without sufficient cause, by fraud, or remaining wrongfully on the Register |
| Contravention of Sections 9 / 11 | Sections 9, 11 read with 57 | Mark was non-distinctive, descriptive or conflicting with prior marks and should not have been registered |
| Error or defect in entry | Section 57 | Error in particulars (name, address, class, goods/services) that needs correction or variation |
| Absence of entry | Section 57 | Aggrieved by the absence of an entry that ought to have been made in the Register |
WHO CAN FILE
Who Can Apply for Rectification?
Prior Users & Competitors
Businesses harmed by a conflicting or unused registration commonly file to clear the Register and protect their own brand path.
Registrar (Suo Motu)
The Registrar may also initiate rectification in appropriate cases. Most applications, however, are filed by private parties.
Entities & Individuals
Individuals, companies, LLPs, partnerships and foreign entities (via Indian attorney) can file with proper identity and authorisation documents.
COMPARISON
Rectification vs Opposition
| Aspect | Opposition | Rectification |
|---|---|---|
| Stage | Before registration (after Journal publication) | After registration (targets existing entry) |
| Legal basis | Section 21 | Section 57 (and Section 47 for non-use) |
| Form | Form TM-O | Form TM-26 |
| Government fee (e-filing) | ₹2,500 per class (typical) | ₹3,000 per class |
| Deadline | Within 4 months of Journal publication | No fixed time limit (subject to laches / delay) |
| Typical duration | 2–4 years | 12–24 months |
| Primary goal | Prevent registration | Remove or correct an existing registration |
PROCESS
Trademark Rectification Filing Procedure
1. Case Assessment & Grounds
Identify the correct ground (non-use, fraud, Sections 9/11, error). Gather the impugned registration details and assess strength of the case.
2. Draft Petition & Statement of Grounds
Prepare the rectification petition with a clear statement of grounds, relief sought (removal / variation / correction) and supporting legal arguments.
3. Compile Evidence & Affidavits
Collect market surveys, trade inquiries, prior-use invoices, advertising records or fraud-related documents. File evidence via sworn affidavits with exhibits.
4. File Form TM-26
Submit Form TM-26 online at ipindiaonline.gov.in with government fee ₹3,000 per class. Attach petition, affidavits, Form TM-48 and identity proof. Or file before the High Court if appropriate.
5. Service & Counter-Statement
Notice is served on the registered proprietor. The proprietor may file a counter-statement. Review and respond as needed.
6. Hearing & Order
Hearing before the Registrar (or High Court). Present oral arguments and evidence. Final order allows or dismisses the rectification; Register is updated accordingly. Appeal available to High Court where applicable.
DOCUMENTS REQUIRED
What you need for Rectification
1. Form TM-26
Completed application with trademark number, class, grounds and relief sought. Prescribed under Rule 80.
2. Statement of Grounds
Detailed legal and factual grounds under Section 57 / 47 with supporting arguments and the exact relief claimed.
3. Evidence Affidavits
Sworn affidavits with exhibits (market surveys, invoices, ads, trade inquiry reports) verified before a notary.
4. Identity & Entity Proof
PAN/Aadhaar/Passport of the applicant; Certificate of Incorporation or equivalent for entities.
5. Copy of Impugned Registration
Extract or printout from IP India public search showing the mark under challenge and its particulars.
6. Power of Attorney
Form TM-48 if the application is filed through a trademark agent or advocate.
EVIDENCE
Evidence Depends on the Ground
Non-Use (Section 47)
Market surveys, trade inquiry reports, marketplace and commercial database searches showing absence of the mark in trade channels for 5+ continuous years.
Fraud / Wrongful Entry
Documents proving false statements in the original application, fabricated user claims or suppressed material facts at the time of registration.
Prior Use / Confusion
Invoices, advertisements, packaging, tax records and consumer confusion surveys supporting prior use or likelihood of confusion with the registered mark.
Descriptiveness / Non-Distinctiveness
Dictionary entries, industry publications and evidence of common use of the term by competitors to show the mark should not have been registered.
WHY CHOOSE US
Why Corporate Mart for Trademark Rectification?
Ground-Correct Strategy
We map the case to the right ground — non-use, fraud, Sections 9/11 or error — and build the petition and evidence accordingly.
Evidence & Affidavits
Evidence compilation tailored to the ground (market surveys for non-use, prior-use records for confusion, fraud documents) with sworn affidavits.
Form TM-26 & Hearing
End-to-end filing on the IP India portal, counter-statement handling and representation at the hearing before the Registrar.
Order to Register Update
Follow-up until the order is passed and the Register is updated so the wrongful entry is removed or corrected.
Assess → Petition → Evidence → TM-26 Filing → Counter-Statement → Hearing → Order
FAQ
Frequently Asked Questions
Section 57 enables any aggrieved person (or the Registrar) to apply for making, expunging or varying any entry in the Register of Trademarks. Relief can be removal, variation of conditions or correction of errors.
Form TM-26 is the prescribed application form under Rule 80 for rectification. Government fee is ₹3,000 per class for e-filing and ₹3,500 per class for physical filing.
Yes. Under Section 47(1)(b), a mark that has not been used by the proprietor for a continuous period of 5 years or more from the date of registration can be removed on an application by an aggrieved person.
Opposition is filed before registration (within 4 months of Journal publication) to prevent a mark from being registered. Rectification targets an already-registered mark to remove or correct it under Section 57.
Typically 12 to 24 months from filing of Form TM-26 to the final order, depending on evidence stages, counter-statement and hearing scheduling.
Before the Registrar of Trade Marks or the concerned High Court. The Intellectual Property Appellate Board (IPAB) was abolished under the Tribunal Reforms Act, 2021.
Once a prima facie case of non-use is made, the burden often shifts to the registered proprietor to prove bona fide use or intention to use during the relevant period.
Yes. Section 57 allows not only expunging (removal) of an entry but also varying conditions or limitations and correcting errors, so the relief can be tailored to the defect.
