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Trademark Rectification vs Trademark Cancellation
| Aspect | Trademark Rectification | Trademark Cancellation |
|---|---|---|
| Meaning | Correction, amendment, or modification of errors in the Trademark Register. | Removal of a registered trademark from the register. |
| Purpose | To fix mistakes like wrong name, address, class, or conditions of registration. | To challenge wrongful registration, non-use, or misrepresentation. |
| Applicable To | Registered trademarks with clerical or factual errors. | Registered trademarks that are invalid, unused, or wrongly registered. |
| Grounds | - Wrong entry of proprietor’s name/address. - Error in class or description of goods/services. - Misrepresentation during registration. | - Non-use for more than 5 years. - Wrongful registration. - Violation of provisions of law. - Conflict with existing mark. |
| Form Used | Form TM-O | Form TM-O |
| Authority | Registrar of Trademarks / IPAB | Registrar of Trademarks / IPAB |
| Outcome | Register is corrected/updated with accurate details. | Trademark is removed/cancelled from the official register. |
| Effect on Rights | Ownership rights continue but with corrected/updated information. | Ownership rights of the proprietor are extinguished upon cancellation. |
| Timeframe | 4–6 months (average, depending on complexity). | 6–8 months (average, depending on hearings). |
Documents Required
- Trademark registration certificate or application number.
- Power of Attorney (if filed through a consultant/attorney).
- Proof of error in trademark register (if rectification case).
- Proof of non-use or misrepresentation (if cancellation case).
- Identity & address proof of applicant.
- Affidavit & supporting evidence, if required.
Trademark Rectification / Cancellation Process
Filing Application
An application is filed with the Trademark Registry (Form TM-O) requesting rectification or cancellation, citing specific grounds.Submission of Evidence
Supporting documents, such as proof of non-use, incorrect entries, or conflicting usage, are submitted.Notice to Trademark Owner
The Registrar issues a notice to the current trademark owner (respondent), seeking their reply or defense.Hearing by Registrar
Both parties are heard, and evidence is considered by the Registrar/Tribunal.Order of Rectification / Cancellation
If satisfied, the Registrar passes an order rectifying the register or cancelling the mark, updating the official records.