Trademark Rectification & Cancellation in India | Expert Legal Service in Pune
Remove infringing trademarks from the register. File a Rectification or Cancellation petition with our expert IP litigators. Defend your brand against unjust registrations.
Dedicated specialist
CA-led, named point of contact
Tracked client portal
Real-time status, end-to-end
Money-back accuracy
Refile-free if our error
Flat-fee pricing
No hidden charges, ever
About this service
Trademark Registration confers an exclusive statutory right to the use of a brand name, wordmark, logo, or slogan in relation to the goods or services for which it is registered. Governed by the Trade Marks Act, 1999 and managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), registration protects against counterfeiters, establishes nationwide priority, and creates an intangible commercial asset valid for 10 years and perpetually renewable.
Eligibility & thresholds
- Individual, startup, or enterprise
- Distinctive name, logo, or tagline
- Specific Nice classification (Class 1-45)
- Multi-class filing permitted
- Series & collective marks supported
- 10-year statutory validity per renewal
- 50% Govt fee discount for MSME / DPIIT
- Section 9 (absolute grounds) clear
- Section 11 (relative similarity) clear
What's included
Everything in one transparent fee — no add-ons, no surprises.
Government Fee Breakdown
Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.
| Fee Component | Amount (₹) | Basis / Authority |
|---|---|---|
| Trademark Rectification & Cancellation in India Statutory Fee | ₹2,000 - ₹5,000 | Official government fee schedule (separate from professional fee)Statutory Authority |
| Total Government Fee | ₹2,000 - ₹5,000 | (for default assumptions stated below) |
Government charges only — verified statutory schedule for Pune, Maharashtra. Professional fee separate.
Required documents
Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.
- 1TM-R application stating the entry to be corrected/cancelled and the ground (s.47/s.57/s.92).TM-R application stating the entry to be corrected/cancelled and the ground (s.47/s.57/s.92).
- 2Statement of the applicant's locus (aggrieved person - competitor, prior proprietor, etc.).Statement of the applicant's locus (aggrieved person - competitor, prior proprietor, etc.).
- 3Evidence supporting the ground - for non-use under s.47, evidence that the mark has not been used foEvidence supporting the ground - for non-use under s.47, evidence that the mark has not been used for 5 years from registration date.
- 4Affidavit verifying the contents of the application.Affidavit verifying the contents of the application.
- 5TM-48 authorisation.TM-48 authorisation.
How it works
Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.
- 1Customer⏱ 1 - 3 Days
Step 1: **Customer** briefs I-Pro on the entry to be corrected/cancelled.
**Customer** briefs I-Pro on the entry to be corrected/cancelled. - 2I-Pro⏱ 1 - 3 Days
Step 2: **I-Pro** assesses the locus (aggrieved person test) and the applicable secti...
**I-Pro** assesses the locus (aggrieved person test) and the applicable section (s.47/s.57/s.92). - 3I-Pro⏱ 1 - 3 Days
Step 3: **I-Pro** drafts the TM-R application with supporting evidence and affidavit.
**I-Pro** drafts the TM-R application with supporting evidence and affidavit. - 4I-Pro⏱ 1 - 3 Days
Step 4: **Customer** signs TM-48 and notarises the affidavit; **I-Pro** uploads.
**Customer** signs TM-48 and notarises the affidavit; **I-Pro** uploads. - 5I-Pro⏱ 1 - 3 Days
Step 5: **I-Pro** files TM-R on the IP India portal and pays the fee.
**I-Pro** files TM-R on the IP India portal and pays the fee. - 6I-Pro⏱ 1 - 3 Days
Step 6: **Registrar** serves notice on the registered proprietor, who may file a coun...
**Registrar** serves notice on the registered proprietor, who may file a counter-statement. - 7I-Pro⏱ 1 - 3 Days
Step 7: **Registrar** schedules a hearing under Rule 38 if contested.
**Registrar** schedules a hearing under Rule 38 if contested. - 8I-Pro⏱ 1 - 3 Days
Step 8: **Registrar** issues the rectification order
**Registrar** issues the rectification order - correction, cancellation, or variation of the entry. - 9I-Pro⏱ 1 - 3 Days
Step 9: The corrected Register entry is published in the Trade Marks Journal.
The corrected Register entry is published in the Trade Marks Journal. - 10Regulator⏱ 1 - 3 Days
Step 10: Appeal (if any) lies to the High Court under s.91 within 3 months.
Appeal (if any) lies to the High Court under s.91 within 3 months.
Post-registration compliance
What to file next. I-Pro handles these as part of the annual compliance package.
| Filing | Form | Deadline |
|---|---|---|
| Form TM-M / TM-R Renewal CGPDTM | TM-R | Every 10 years prior to expiry |
| Statement of Use / User Affidavit Trademark Registry | Rule 25 Affidavit | At filing or upon examiner requisition |
| Response to Examination Report CGPDTM | MIS-R | Within 30 days of examination report issue |
| Form TM-U (Registered User / License) CGPDTM | TM-U | Within 6 months of executing license deed |
| Form TM-P (Change in Name / Address) CGPDTM | TM-P | Promptly upon proprietor corporate change |
TM-RRule 25 AffidavitMIS-RTM-UTM-PPenalties for non-compliance
Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.
| Non-compliance | Provision | Penalty |
|---|---|---|
| Failure to renew within statutory window | Section 25(3) Trade Marks Act | Surcharge fee + restoration fine up to 1 year |
| Unlawful use of registered symbol (®) | Section 107 Trade Marks Act | Imprisonment up to 3 years and/or statutory fine |
| Failure to reply to examination objection within 30 days | Section 21 / Rule 33 | No extension of time permitted |
Common mistakes to avoid
Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.
- 1Proposing a descriptive or generic brand name (Section 9 objection)Why: Trade Marks Act prohibits registering words that merely describe the product's character or quality (e.g. 'Pure Cold Pressed Oil').Fix: We conduct pre-filing distinctiveness evaluation and suggest distinctive, coined, or arbitrary brand elements.
- 2Filing without a prior phonetic and visual trademark searchWhy: Existing registered or pending marks in the same or related Nice class trigger Section 11 relative grounds objections.Fix: Our IP attorneys run exhaustive phonetic searches on the IP India database across all 45 classes before filing.
- 3Selecting incorrect Nice Class or vague goods specificationWhy: Protection is strictly bounded by the classes filed; incorrect classification leaves your primary offerings unprotected.Fix: We draft precise, legally audited goods and services specifications matching international Nice Classification standards.
Frequently asked questions
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