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We handle the complete process for your TM Rectification right here in Pune Office. Get certified quickly and legally with our expert local team.
Professional Fee: ₹5,799 | Govt Fee: ₹2,000 - ₹5,000 | Total: from ₹7,799 (incl. govt fees)
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Trademark Rectification (or Cancellation) is a powerful legal mechanism used to correct errors on the Trademark Register or to completely remove an unlawfully registered trademark. If a competitor has registered a mark that is deceptively similar to yours, or if a registered trademark has not been used for over five years, you, as an 'aggrieved person', can file a rectification petition. Governed by Sections 47 and 57 of the Trade Marks Act, this is an intense, evidentiary legal battle. Our elite IP litigators specialize in filing aggressive rectification petitions to clear your path, or defending your registered trademark against malicious cancellation attempts by rivals.
Transparent, all-inclusive – no hidden line items.
Inclusive of professional + estimated govt fee
I-Pro specialist handling, drafting & filing
Statutory fee, passed through at cost
Professional Fee: ₹5,799 onwards | Govt Fee: ₹2,000 - ₹5,000 | Total: from ₹7,799 (incl. govt fees)
The starting fee of ₹7,799 covers specialist consultation, document preparation, the government filing fee, and tracking until you receive the final certificate. Additional government fees may apply for objections, renewals, or expedited processing.
Typical turnaround at I-Pro Solutions is Filing in 7–10 business days; Registration takes 6–18 months, from the moment I-Pro Solutions receives all your documents and information. Complex cases or government delays can extend this; your specialist will flag any risks early.
Most filings require identity proof (PAN/Aadhaar/passport), address proof, business registration documents, and (for IP filings) examples of use. An I-Pro Solutions specialist will send a tailored checklist within 24 hours of starting.
If a filing is rejected due to an error by I-Pro Solutions, I-Pro Solutions will refile at no extra cost and refund the service fee. If the rejection is due to information you provided, I-Pro Solutions will work with you to fix and refile at a discounted fee.
Opposition is filed to *stop* a pending trademark from being registered. Rectification (or cancellation) is filed to *remove* a trademark that has already been successfully registered and is currently active on the government register.
Only an 'Aggrieved Person' can file. This means you must prove that the existence of this registered trademark is directly harming your business, blocking your own application, or that the owner is threatening you with infringement.
Gather these documents for your Pune Office application.
Yes. Under Section 47 of the Trade Marks Act, if a registered trademark has not been used in commerce for a continuous period of five years (and three months), an aggrieved person can file a petition to have it removed for 'non-use'.
Following the abolition of the IPAB, rectification petitions can be filed either before the Trademark Registry or before the appropriate High Court, depending on whether there are parallel infringement lawsuits ongoing.
Yes. Under Section 57, you can file for rectification claiming the registration was obtained in 'bad faith' or by fraud. You will need to provide partnership deeds and early invoices proving joint or original ownership.
You must act immediately. You will need to file a strong 'Counter-Statement' and compile heavy evidence (invoices, tax returns, ads) to prove you are actively using the mark. If you ignore it, your trademark will be cancelled by default.
Token use is generating a few fake or nominal invoices just to pretend the trademark is active and avoid cancellation. Indian courts strictly reject token use. You must prove genuine, continuous commercial use to defend your mark.
Because it involves a full evidentiary trial and often high court appearances, a rectification proceeding is a lengthy legal battle that can easily take anywhere from 2 to 5 years to resolve.
Yes. Rectification isn't just for canceling enemies. Under Section 58, the registered proprietor can file a petition to 'rectify' errors in the register, such as a misspelled owner name or an outdated corporate address.
No, the government does not refund your filing fees. However, if you win, the High Court or Registrar has the discretion to order the losing party to pay your legal costs, though this is not guaranteed.
Canceling the competitor's mark clears the register. However, to gain exclusive rights, you must file your own trademark application. Winning a rectification does not automatically register the mark in your name.
Proving a negative is hard. I-Pro Solutions rely on comprehensive market investigation reports, affidavits from private investigators, lack of digital footprint, and zero GST filings by the proprietor under that brand name.
Yes. If the Registrar or a single judge of the High Court dismisses your petition, you can file an appeal before a larger bench of the High Court or the Supreme Court, depending on the jurisdiction.
Filing a trademark is an administrative application. Rectification is full-scale corporate litigation. It requires hundreds of pages of drafted affidavits, investigative work, and appearances by highly paid senior litigators in High Courts.
Yes. I-Pro Solutions often use rectification petitions as strategic leverage. Once filed, the opposing party may agree to a settlement, such as assigning the trademark to you for a fee, rather than fighting a costly 5-year legal battle.