Quick answerA registered trademark can be removed or corrected under the Trade Marks Act, 1999. Section 47 allows removal for non-use, where the mark has not been used for a continuous period of five years and three months. Section 57 allows cancellation or variation of a registration made without sufficient cause or wrongly remaining on the register. An aggrieved person files the application in Form TM-O before the Registrar or the High Court. Since the IPAB was abolished in 2021, the High Courts hear these matters and appeals.
- Law
- Sections 47 and 57, Trade Marks Act 1999
- Form
- TM-O before the Registrar
- Forum
- Registrar or High Court
- Non-use period
- 5 years plus 3 months
When rectification is used
- Your application received a Section 11 objection citing an old registration that nobody uses.
- Someone registered your brand in bad faith, for example a former distributor, partner or employee.
- A registration was obtained by a false claim of use, or covers descriptive or generic words.
- You have been sued for infringement and want to attack the validity of the plaintiff's registration.
- The register contains an error, such as wrong goods, wrong proprietor details, or an entry made without sufficient cause.
The applicant must be a "person aggrieved", which the courts read practically: a trader whose business or application is affected by the entry qualifies.
Removal for non-use: Section 47
Section 47(1) provides two grounds:
- No intention to use: the mark was registered without any bona fide intention to use it, and there has in fact been no bona fide use up to three months before the date of the rectification application.
- Five years of non-use: up to three months before the application, a continuous period of five years or more has passed from the date the mark was entered on the register, during which there was no bona fide use for the goods or services concerned.
Removal can be for all goods or only some. If a mark is registered for a whole class but used only for one product, the registration can be cut down to what is actually used. Token use, or use started only after the owner learns of a likely challenge, is not bona fide use. The owner can defend non-use by showing special circumstances in the trade, such as a government ban, rather than an intention to abandon (Section 47(3)).
Cancellation and correction: Section 57
Section 57 is broader. Any person aggrieved may apply to cancel or vary a registration on the ground of any contravention of, or failure to observe, a condition entered on the register, or because an entry was made without sufficient cause, wrongly remains on the register, or contains an error or defect. Typical grounds are that the mark was descriptive or non-distinctive when registered (Section 9), conflicted with an earlier mark (Section 11), or was registered by someone who was not the true proprietor. The Registrar can also act on its own motion after notice.
Unlike non-use, a Section 57 application is not tied to a fixed period of time after registration. However, delay in challenging a registration you have known about for years can weigh against you, and Section 31 treats the original registration as prima facie evidence of validity, so the applicant must make out its case with evidence rather than assertion.
Separately, Section 58 lets the registered proprietor correct errors in its own entry, such as name, address or a deletion of goods, by request.
Registrar or High Court
Rectification applications are filed before the Registrar in Form TM-O, or before the High Court. After the Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board, its rectification and appellate work was transferred to the High Courts. The Delhi and Madras High Courts, among others, have dedicated intellectual property divisions.
Where an infringement suit is already pending and the defendant challenges the validity of the plaintiff's registration, Section 125 requires the rectification to be filed before the High Court, not the Registrar, and the civil court may stay the suit until it is decided.
Procedure and timelines
| Stage | What happens |
|---|
| Application | Form TM-O with a statement of case and grounds, filed with the per-class fee |
| Service | Registry serves a copy on the registered proprietor |
| Counter-statement | Proprietor files its defence within the time fixed by the Rules, usually two months |
| Evidence | Both sides file evidence by affidavit, in stages similar to an opposition |
| Hearing | Registrar hears both sides, usually by video conference, and passes a reasoned order |
| Appeal | To the High Court within three months under Section 91 |
In non-use cases the burden of proving use is effectively on the proprietor, since use is a fact within its knowledge. The proprietor must produce dated, specific proof for the relevant period.
If your registration is challenged
Do not ignore the notice. If no counter-statement is filed, the Registrar can decide on the applicant's case alone. Gather evidence of use for the five-year window, such as invoices, GST returns showing sales under the brand, advertisements and catalogues. If use is limited, consider voluntarily narrowing the goods to protect the core registration. Remember that use must be within the relevant period: evidence from many years ago, or from after the rectification was filed, does not help. Owners who license the mark should collect proof of the licensee's use, as permitted use counts as use by the proprietor. Keeping the registration renewed and in use, as covered on our trademark renewal page, is the best defence.
Proving non-use and building the case
Non-use cases are won on facts. Before filing, we usually commission a market investigation into the registered proprietor: whether the business exists at the registered address, whether goods under the mark are sold in shops, online marketplaces or the proprietor's own website, and whether any trade or retail presence can be found. The investigator's report is filed as evidence with an affidavit.
Public sources help too: company and LLP records showing a dissolved or struck-off proprietor, GST registration status, archived web pages, and the absence of the mark in trade directories. Together these shift the evidential burden to the proprietor to prove use.
Strategy also matters. If your own application has been blocked by the challenged mark, keep that application alive by replying to the objection and asking that it be kept pending until the rectification is decided. Sometimes the simplest outcome is commercial: an owner who is not using the mark may agree to assign it or to withdraw the registration in return for a modest payment, which is quicker than a contested proceeding.
Official fees are charged per class and are set by the Trade Marks Rules; professional fees depend on investigation, evidence stages and hearings, and are quoted stage-wise.
Documents you need
For a rectification application or defence we need:
- Registration number and extract of the challenged mark
- Your own trademark application or registration and business details
- Market investigation report on use or non-use of the challenged mark
- Evidence of your own use: invoices, advertisements, GST returns
- Any examination report or suit in which the challenged mark was cited
- Signed Form TM-48 or vakalatnama, depending on the forum
How we handle it for you
Register review
We study the challenged entry, its history and any earlier proceedings.
Investigation
Where non-use is alleged, we arrange a market investigation and document the findings.
Forum choice
We advise whether to file before the Registrar or the High Court, considering any pending suit.
Pleadings and evidence
Application or counter-statement and affidavits drafted and filed within the deadlines.
Hearing
We argue the matter and advise on appeal if needed.
Why clients choose ProudLegal
Advocates who appear in courtYour matter is drafted and argued by enrolled advocates, not call-centre staff.
Company and tax filings in-houseCompany secretaries and tax professionals handle registrations and returns.
Fees agreed in writingYou receive a written fee quote before any work begins.
Updates on WhatsApp and emailEvery hearing date, filing and document is shared as it happens.
Please note: this page explains the law and procedure in general terms as on 30 October 2026. Fees, limits and timelines change, and the facts of each case matter, so take advice on your own papers before acting.
Frequently asked questions
What is trademark rectification?
It is a proceeding to remove, cancel or correct an entry in the register of trademarks under Sections 47 and 57 of the Trade Marks Act.
When can a trademark be removed for non-use?
When it has not been used for a continuous period of five years from registration, up to three months before the rectification application.
Who can file a trademark rectification?
Any person aggrieved by the entry, such as a trader whose application or business is blocked by it.
Where is trademark rectification filed after IPAB was abolished?
Before the Registrar of Trade Marks or the High Court. The High Courts took over the IPAB's work in 2021.
Which form is used for trademark rectification?
Form TM-O is used for rectification applications before the Registrar.
Can I file rectification while an infringement suit is pending?
Yes, but under Section 125 it must then be filed before the High Court, and the suit may be stayed meanwhile.
Can a registration be cancelled only partly?
Yes. The register can be rectified for some goods or services only, for example those never used.
How long does trademark rectification take?
A contested rectification usually takes more than a year, depending on the evidence stages and hearing dates.
