# Trademark Rectification & Cancellation

> Rectification removes or corrects an entry on the trademark register. A registered mark can be removed for non-use if it hasn't been genuinely used for a continuous period of five years and three months (Section 47), or cancelled if it was wrongly registered or remains on the register without sufficient cause (Section 57). Applications go to the Registrar or the High Court, depending on the case.

Practice: Trademark, Copyright & Patents — https://www.industax.com/services/trademark-ip/

Rectification is often the answer when an old, unused registration blocks your application. Evidence of non-use — market investigations, absence of sales or listings — supports the petition.

The register can also be corrected for clerical errors, changes of name or address, and restriction of goods.

## Key facts

| Item | Detail |
| --- | --- |
| Non-use removal | 5 years and 3 months of continuous non-use (Section 47) |
| Wrongful entry | Cancellation under Section 57 |
| Forum | Registrar or High Court |
| Evidence | Investigation reports and market evidence |

## Who needs this

- Applicants blocked by an unused earlier mark
- Owners facing a bad-faith registration of their brand
- Owners needing clerical corrections, name or address changes on the register

## What's included

- Investigation and evidence plan
- Rectification petition
- Representation

## Documents

- Details of the conflicting registration
- Your evidence of use
- Investigation findings

## Process

1. **Investigate** — Use of the conflicting mark checked.
2. **File** — Rectification petition with evidence.
3. **Pursue** — Proceedings followed to decision.

## FAQs

### Can an unused trademark be cancelled?

Yes, if it has not been genuinely used for a continuous period of five years and three months from the date it was entered on the register.

### Who can apply for rectification?

Any person aggrieved by the entry, such as a business whose application is blocked by it.

### Is rectification faster than opposition?

Not necessarily; it depends on evidence and the forum, so we compare routes before filing.

## Official sources

- IP India — Trade Marks Registry & e-filing: https://ipindia.gov.in/

---
Canonical page: https://www.industax.com/services/trademark-ip/trademark-rectification
Publisher: Indus Tax — CA-led tax and compliance firm (https://www.industax.com). Contact: info@industax.com, 9059139258.
This is general information, not advice for your specific facts.