Trademark Rectification and Cancellation Under Section 57
Challenge a wrongly registered or unused trademark, or defend your own registered mark against a rectification action.
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Trademark rectification is the legal remedy to remove or correct an entry on the Register of Trade Marks, for example where a mark was registered without sufficient cause, remains on the register without being used, or contains an error. Section 57 of the Trade Marks Act 1999 allows a person aggrieved to seek this relief. It helps brand owners blocked by an earlier registration and registered owners facing such a challenge. After the Intellectual Property Appellate Board was abolished in 2021, its jurisdiction moved to the High Courts, so the proceedings are now conducted through a practising advocate before the competent forum.
Who provides this service: our team of Company Secretaries and compliance specialists.
Who Needs Trademark Rectification?
- Businesses whose trademark application was refused because of an older registration that may be unused
- Brand owners who discover that someone registered a mark copied from their own
- Registered owners who have received a cancellation petition and must defend their entry
- Companies that need an error in the register, such as ownership or goods details, corrected
- Franchisors and distributors dealing with a registration obtained by a former partner
Key Benefits
- A clear view of whether Section 57 or another remedy suits your dispute before you spend on proceedings
- Assessment of whether you qualify as a person aggrieved, which is the starting point for any rectification case
- Evidence strategy for non-use cases, where proof of genuine use is usually the central question
- Support for registered owners who must defend their mark against a cancellation petition
- Correct forum identification after the abolition of the appellate board, avoiding filings in the wrong place
- Co-ordinated work between our trademark team and the practising advocate who appears in court
How It Works
Study the impugned registration
We obtain the register entry, file history and details of the goods covered, and compare them with your rights and business, so we can judge whether grounds for rectification actually exist.
Identify the ground and the forum
We map the facts to the statute, such as entry without sufficient cause or non-use, and confirm the competent forum. Since 2021 the High Courts handle matters that earlier went to the appellate board.
Collect evidence
For a petitioner we gather proof of your prior rights and of the other party's non-use or conflict. For a registered owner we collect invoices, advertisements and records showing genuine use of the mark.
Prepare the petition or the reply
A practising advocate settles the petition, supporting affidavit and annexures, or the written statement in defence. Our team coordinates facts, exhibits and timelines so the filing is complete on first presentation.
Follow the proceedings
We track notices, listing dates and directions. The advocate appears at hearings, and we keep you informed of each order, including any interim directions on the use of the mark.
Record the outcome on the register
If the court orders removal or correction, the order is sent to the Registrar for the register to be updated. We follow up to confirm the entry reflects the order and advise on appeal options.
Documents Required
- Register extract and application details of the trademark being challenged
- Proof of your own trademark rights, such as registration certificates or evidence of long use
- Specimens, invoices, advertisements and sales records showing how your mark is used
- Material showing that the impugned mark is not in use, where non-use is the ground
- Correspondence, notices or prior disputes between the parties, if any
- Business registration and identity documents of the petitioner or respondent
- Vakalatnama or authority in favour of the advocate who will appear
- Draft affidavit supporting the facts stated in the petition
Timeline and Fees
Indicative timeline: Rectification proceedings before a court commonly run for many months or longer, since timing depends on the court, the number of hearings and whether the other side contests the petition.
Professional fee: Professional and advocate fees depend on the forum, the ground relied on, the volume of evidence and the number of hearings. Court fees and official charges are paid at actuals. Contact our team for a written estimate after a short case review.
What Can Go Wrong if This Is Missed or Done Incorrectly
- Filing in the wrong forum after the 2021 changes can waste time and may force a refiling
- Weak evidence of standing or of non-use is a frequent reason a petition does not succeed
- A registered owner who does not respond to a challenge risks losing the registration
- Continuing to use a mark under challenge without legal advice can add exposure to an infringement claim
Frequently Asked Questions
What is trademark rectification under Section 57?
Section 57 of the Trade Marks Act lets a person aggrieved ask for a registered mark to be cancelled or varied where it was entered without sufficient cause, contains an error, or remains on the register without being used. It is the usual route to clear an earlier registration that blocks your own brand.
Who hears trademark rectification cases now that the IPAB is abolished?
The Intellectual Property Appellate Board was abolished in 2021 under tribunal reform legislation, and its functions moved to the High Courts. Rectification and appeals now generally go to the High Court with the relevant jurisdiction. The exact forum depends on the facts, so an advocate should confirm it before filing.
Can I remove a trademark that is registered but not being used?
Yes, non-use is a recognised ground. The law looks at whether the mark was genuinely used for the registered goods over a continuous statutory period, and the registered owner can defend by showing real use or special circumstances. Success depends heavily on evidence, so a careful record review comes first.
Who is a person aggrieved and can file for rectification?
Generally it is someone with a real interest in the register entry being removed, such as a business whose own application was refused because of it, or a competitor who is actually or potentially affected. A purely idle objector may be turned away, which is why we assess standing at the start.
My registered trademark is being challenged. What should I do?
Do not ignore the notice. Gather evidence that you have used the mark continuously and that its registration was properly obtained, and have an advocate prepare a reply within the time allowed. Late or incomplete replies weaken your position, so share the papers with our team as soon as you receive them.
Is rectification the same as filing an opposition?
No. Opposition is a challenge made before registration, during the window after journal publication. Rectification is made after the mark is already on the register and is decided by a court. If the opposition window is still open, opposing the application is usually the faster and less expensive step.
Official Sources
Rules, forms and fees change. Check the current position on the official portal:
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Last reviewed: . Laws, fees and procedures change; check the official portal before you act.
Disclaimer: The information on this page is for general informational purposes only and does not constitute professional legal, tax or compliance advice. Requirements vary by situation. Please consult a qualified CA or CS for advice specific to your needs. Government fees and timelines are subject to change; verify with the relevant authority before proceeding.