Trademark rectification
The trademark register is the record the law treats as true, and when it is wrong, rectification proceedings correct it. Rapidfiling handles register corrections for your own marks and removal applications for wrongly registered ones.
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Service overview
Rectification under the Trade Marks Act, 1999 covers two directions. The first is housekeeping: recording a change of proprietor, updating addresses, or correcting errors in the register entry, which keeps the record true to the commercial reality. The second is contested: applying to remove a registration that was wrongly made or has gone unused, which is how deadwood marks get cleared from the register, often as a counter-attack in a dispute.
Both directions run on the register's standards. Corrections need documentary proof of the change (assignment deeds, amalgamation orders, or name-change records) and contested removals turn on the evidence of non-use over the statutory period or on the original registration's defects. The Tribunal decides on the record, and the register is corrected only by its order or by the prescribed forms.
Rapidfiling prepares the filings for both directions (the recordal forms for uncontested changes and the rectification applications for contested removals) with the evidence the Tribunal expects.
Who this service is for
- Owners whose registered proprietor or address details are outdated on the register
- Businesses that acquired a mark and need the assignment recorded
- Respondents to infringement claims who found the claimant's mark vulnerable
- Portfolio managers cleaning up inherited or legacy registrations
Scope of support
What support includes
- Assessment of the register entry against the commercial reality
- Preparation of recordal filings (proprietor, address, or name changes) with proof
- Drafting and filing of contested rectification applications with the evidence
- Coordination of qualified advocates where the matter is heard
What support does not include
- Assignment deed drafting itself, quoted separately when a transfer is being structured
- Court litigation outside the Registry's rectification jurisdiction
- Any promise of removal, the Tribunal decides on the evidence
Requirements and documents
- The registration details and register entry as they now stand
- Proof of the change, assignment deed, name-change records, or company documents
- Use or non-use evidence for contested removals, the other side's silence or your activity records
- Your instructions on the outcome sought
How the process works
1. Enquire with the register entry
Share the mark number and what is wrong (or what you want removed) through the form on this page.
2. Entry assessment
We pull the register entry, compare it with the facts, and set out the filing route and evidence needed.
3. Filing
The recordal or rectification application is drafted, evidenced, and filed in the prescribed form.
4. Order and recordal
Where the Tribunal or Registrar issues an order, the register is corrected accordingly and the updated entry is delivered.
Fees and timing
What influences the quote
- Whether the change is uncontested recordal or a contested removal
- Number of marks and register entries involved
- Volume of evidence to be prepared
Government fees and professional fees are shown separately in every quote. GST treatment is confirmed in the quote. Rapidfiling does not publish fixed prices for this service; request a quote to receive the fee breakdown for your case.
Share your requirement. Our team will review your enquiry and explain the next steps.
Important limitations
- The register changes only through its own procedures, no informal corrections exist
- Contested removals are decided by the Tribunal on the evidence filed
- Unrecorded assignments leave the register (and enforcement rights) with the old proprietor
Frequently asked questions
What is the difference between recordal and rectification?
Recordal is the uncontested updating of register details through the prescribed forms; rectification is the contested route, applying to remove or correct a registration through the Tribunal. Different filings, different evidence.
Why does recording an assignment matter?
Until the assignment is recorded, the register still shows the old proprietor, which affects who can enforce the mark and how filings are made. Recordal closes that gap.
Can a registered mark be removed for non-use?
Yes, the Act allows removal applications where a registered mark has not been genuinely used for the statutory period without reason. The applicant bears the burden of showing the non-use, so evidence is decisive.
We received a rectification notice, what now?
Respond within the prescribed time with your use evidence and defences, or the register may be corrected in your absence. Share the notice through the form and we will assess the response before the deadline.
Related services
Trademark hearing representation
Prepared representation before the Registrar at show-cause hearings.
Trademark transfer / assignment
Assignment deeds and register recordals when a mark changes hands.
Trademark registration
Search, class selection, and filing of your trademark application with the registry.
Trademark protection (defined support)
Defined protection support: watch reports review, conflict responses, and portfolio hygiene.
Start your enquiry
Share your requirement. Our team will review your enquiry and explain the next steps.