Trademark Rectification & Cancellation in India | Expert Legal Service
Remove infringing trademarks from the register. File a Rectification or Cancellation petition with our expert IP litigators. Defend your brand against unjust registrations.
Dedicated specialist
CA-led, named point of contact
Tracked client portal
Real-time status, end-to-end
Money-back accuracy
Refile-free if our error
Flat-fee pricing
No hidden charges, ever
About this service
Trademark Registration confers an exclusive statutory right to the use of a brand name, wordmark, logo, or slogan in relation to the goods or services for which it is registered. Governed by the Trade Marks Act, 1999 and managed by the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), registration protects against counterfeiters, establishes nationwide priority, and creates an intangible commercial asset valid for 10 years and perpetually renewable.
Eligibility & thresholds
- Individual, startup, or enterprise
- Distinctive name, logo, or tagline
- Specific Nice classification (Class 1-45)
- Multi-class filing permitted
- Series & collective marks supported
- 10-year statutory validity per renewal
- 50% Govt fee discount for MSME / DPIIT
- Section 9 (absolute grounds) clear
- Section 11 (relative similarity) clear
What's included
Everything in one transparent fee — no add-ons, no surprises.
Government charges only — separate from I-Pro's professional fee. All figures verified as of 25 August 2026.
| Fee Component | Amount (₹) | Basis / Authority |
|---|---|---|
| Trademark Rectification & Cancellation in India Statutory Fee | ₹2,000 - ₹5,000 | Official government fee schedule (separate from professional fee)Statutory Authority |
| Total Government Fee | ₹2,000 - ₹5,000 | (for default assumptions stated below) |
Government charges only — separate from I-Pro's professional fee. Verified 25 August 2026.
Required documents
Each list identifies exactly what to provide — and what you do not need to submit. Use the accordions to expand.
- ›TM-R application stating the entry to be corrected/cancelled and the ground (s.47/s.57/s.92). — TM-R application stating the entry to be corrected/cancelled and the ground (s.47/s.57/s.92).
- ›Statement of the applicant's locus (aggrieved person — competitor, prior proprietor, etc.). — Statement of the applicant's locus (aggrieved person — competitor, prior proprietor, etc.).
- ›Evidence supporting the ground — for non-use under s.47, evidence that the mark has not been used fo — Evidence supporting the ground — for non-use under s.47, evidence that the mark has not been used for 5 years from registration date.
- ›Affidavit verifying the contents of the application. — Affidavit verifying the contents of the application.
- ›TM-48 authorisation. — TM-48 authorisation.
How it works
Each step is labelled with who performs it — Customer, I-Pro, or the Regulator. Form names are linked to the official portal.
- 1Customer⏱ 1 - 3 Days
Step 1: **Customer** briefs I-Pro on the entry to be corrected/cancelled.
**Customer** briefs I-Pro on the entry to be corrected/cancelled. - 2I-Pro⏱ 1 - 3 Days
Step 2: **I-Pro** assesses the locus (aggrieved person test) and the applicable secti...
**I-Pro** assesses the locus (aggrieved person test) and the applicable section (s.47/s.57/s.92). - 3I-Pro⏱ 1 - 3 Days
Step 3: **I-Pro** drafts the TM-R application with supporting evidence and affidavit.
**I-Pro** drafts the TM-R application with supporting evidence and affidavit. - 4I-Pro⏱ 1 - 3 Days
Step 4: **Customer** signs TM-48 and notarises the affidavit; **I-Pro** uploads.
**Customer** signs TM-48 and notarises the affidavit; **I-Pro** uploads. - 5I-Pro⏱ 1 - 3 Days
Step 5: **I-Pro** files TM-R on the IP India portal and pays the fee.
**I-Pro** files TM-R on the IP India portal and pays the fee. - 6I-Pro⏱ 1 - 3 Days
Step 6: **Registrar** serves notice on the registered proprietor, who may file a coun...
**Registrar** serves notice on the registered proprietor, who may file a counter-statement. - 7I-Pro⏱ 1 - 3 Days
Step 7: **Registrar** schedules a hearing under Rule 38 if contested.
**Registrar** schedules a hearing under Rule 38 if contested. - 8I-Pro⏱ 1 - 3 Days
Step 8: **Registrar** issues the rectification order
**Registrar** issues the rectification order — correction, cancellation, or variation of the entry. - 9I-Pro⏱ 1 - 3 Days
Step 9: The corrected Register entry is published in the Trade Marks Journal.
The corrected Register entry is published in the Trade Marks Journal. - 10Regulator⏱ 1 - 3 Days
Step 10: Appeal (if any) lies to the High Court under s.91 within 3 months.
Appeal (if any) lies to the High Court under s.91 within 3 months.
Post-registration compliance
What to file next. I-Pro handles these as part of the annual compliance package.
| Filing | Form | Deadline |
|---|---|---|
| If a registered mark is not used for 5 years, any Penalty: If a registered mark is not used for 5 years, any aggrieved person can seek removal under s.47 — the proprietor risks losing the registration. Failure to comply with the Registrar's rectification order attracts cancellation of the mark. | No statutory SLA — typically 12–24 months dependin | If a registered mark is not used for 5 years, any aggrieved person can seek removal under s.47 — the proprietor risks losing the registration. Failure to comply with the Registrar's rectification order attracts cancellation of the mark. |
Penalties for non-compliance
Statutory penalties under governing regulatory provisions. Avoid non-compliance delays.
| Non-compliance | Provision | Penalty |
|---|---|---|
| If a registered mark is not used for 5 years, any | No statutory SLA — typically 12–24 months dependin | If a registered mark is not used for 5 years, any aggrieved person can seek removal under s.47 — the proprietor risks losing the registration. Failure to comply with the Registrar's rectification order attracts cancellation of the mark. |
Common mistakes to avoid
Avoidable filing errors that cause delays or rejection. Each can be resolved before submission.
- 1Proposing a descriptive or generic brand name (Section 9 objection)Why: Trade Marks Act prohibits registering words that merely describe the product's character or quality (e.g. 'Pure Cold Pressed Oil').Fix: We conduct pre-filing distinctiveness evaluation and suggest distinctive, coined, or arbitrary brand elements.
- 2Filing without a prior phonetic and visual trademark searchWhy: Existing registered or pending marks in the same or related Nice class trigger Section 11 relative grounds objections.Fix: Our IP attorneys run exhaustive phonetic searches on the IP India database across all 45 classes before filing.
- 3Selecting incorrect Nice Class or vague goods specificationWhy: Protection is strictly bounded by the classes filed; incorrect classification leaves your primary offerings unprotected.Fix: We draft precise, legally audited goods and services specifications matching international Nice Classification standards.
Frequently asked questions
Everything you need to know about this service.
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