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If an unused, wrongly registered, or outdated trademark entry is standing in the way of your own brand, our team at Brealant can pursue a rectification or cancellation action — or defend your registration if someone challenges yours.
Legal Definition of Rectification & Cancellation
Rectification, under Section 57 of the Trade Marks Act, 1999, allows an aggrieved person to apply to correct or cancel a register entry made without sufficient cause, or one wrongly remaining on the register. Section 47 provides a separate non-use ground for removal.
Purpose and Function
These provisions keep the register accurate — removing marks that were never validly entered, and clearing marks that have genuinely fallen out of use for the statutory period, most commonly cited as a continuous period of five years and three months.
Protecting Your Interests
Whether removing a blocking mark or defending your own registration, evidence — of registration validity, or of genuine use — is central to the outcome.
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Contact
Reach out to Brealant about the blocking registration, or the challenge to your own mark.
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Search
We review the target registration's history, use, and eligibility for a rectification or non-use action.
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Quote
Receive a staged service quote covering each phase of the action.
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Pay
Proceed with secure payment for the stage you're instructing us on.
File
Brealant lodges the rectification or cancellation application, or the response, with the appropriate forum.
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Wait
The forum notifies the parties and manages the evidence process, if contested.
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Response
You receive the decision on whether the mark is rectified or removed.
In India, a rectification or non-use cancellation begins with filing an application, which the registered owner can then contest. If contested, both sides file evidence before a decision is reached. Since the Intellectual Property Appellate Board (IPAB) was abolished in 2021, these matters are generally heard by the Registrar or by the Intellectual Property Division of the relevant High Court, depending on where the proceeding is filed. Understanding the target mark's history is the clearest way to assess your prospects.
A blocking registration that's invalid, or has genuinely fallen out of use, can prevent you from registering, or fully protecting, your own brand. Brealant assesses the target mark's history and use carefully before recommending action, so you understand the real prospects of success.
These actions are powerful tools, but they have real limits
Non-Use Threshold
A non-use action under Section 47 generally requires a continuous period of non-use of around five years and three months from the date the registration was entered.
Burden of Proof Shifts
Once contested, the registered owner — not the applicant — carries the burden of proving genuine use or the validity of the entry.
Forum Depends on Circumstances
Whether the Registrar or a High Court hears the matter can depend on whether related proceedings are already pending, which affects strategy and timing.
Time and Cost
A contested rectification or cancellation can take well over a year and involve real professional costs.
Partial Removal Only
The entry may be rectified or removed only for some goods or services, not necessarily all of them.
Brealant gives you a realistic view of the likely timeline, cost, and prospects before you proceed.
A successful rectification or cancellation action protects
Your Path to Registration
Clearing the way for your own application in the same or overlapping classes.
Market Fairness
Removing marks that are no longer genuinely used, or were wrongly entered, but still block legitimate new entrants.
Register Accuracy
Keeping the Trade Marks Registry reflective of marks that are validly entered and actually in commercial use.
Your Investment
Protecting your brand strategy from being derailed by a stale or invalid registration.
Brealant assesses whether rectification or cancellation is the right route before you commit resources to the action.
Timing depends on whether the action is contested and which forum hears it
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Filing the Application
The rectification or non-use removal application is lodged with the Registrar or, where appropriate, the relevant High Court.
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Notice to the Owner
The registered owner is notified and can contest the application.
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Evidence Exchange
If contested, both sides file evidence supporting their position.
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Decision
The Registrar or Court decides whether the entry is rectified or removed, in full or in part.
An uncontested rectification can resolve in a matter of months; a contested action more commonly takes well over a year, particularly where it proceeds before a High Court.
Costs scale with whether the action is contested and the forum involved
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The Registry charges an official fee to file a rectification or non-use removal application; court filing fees apply separately if the matter proceeds before a High Court.
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Professional fees scale with whether the action is contested, the forum, and how much evidence is required.
Brealant will assess your matter and quote before filing, so you know what to expect.
Once a blocking mark is rectified or removed, Brealant can move straight into clearing and filing your own application, so the opportunity created by the action isn't lost to a competing filer.
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The commonly cited threshold under Section 47 is a continuous period of around five years and three months of non-use, calculated from the date the mark was entered on the register.
Once a rectification or non-use application is filed and contested, the registered owner generally carries the burden of proving genuine use or the validity of the registration.
Yes, entries can also be challenged under Section 57 on grounds such as the registration having been made without sufficient cause or wrongly remaining on the register.
Since the IPAB was abolished in 2021, these matters are generally heard by the Registrar or by the Intellectual Property Division of the relevant High Court, depending on the circumstances of the case.
Yes, the owner can contest the application and must then support the validity of the registration or prove genuine use of the mark.
Any 'person aggrieved' — generally someone who is genuinely affected by the registration remaining on the register, such as a competitor or prior rights holder — can apply.
Form TM-O with the grounds set out in detail, along with supporting evidence such as prior use records, conflicting registrations, or proof of non-use where relevant.
Yes, parties can resolve matters through negotiation, coexistence agreements, or voluntary surrender of the mark before the case reaches a contested hearing.
Opposition challenges an application before it's registered, during the 4-month publication window, while rectification challenges a mark that has already been granted registration.
Yes, Brealant can help you compile evidence of genuine use and prepare a defence to protect your registration.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
Explore our blog to learn how effective IP management can strengthen your brand's position and protect your innovations
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