1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
TRADEMARK
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
RECTIFICATION
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
SUCHITRA BAI
Advocate
Altacit Global
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

2. MEANING OF RECTIFICATION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Rectification is the legal procedure to
correct/rectify an error or an omission
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
that has been made in the details of a
Trademark as recorded in the Trade Mark
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
Register.
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
A mark may have been wrongly registered
or may be wrongly remaining on the
register. In such cases the Act provides for
EMAIL
info@altacit.com
rectification of the register.
WEBSITE
www.altacit.com

3. WHO CAN APPLY
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Any person, aggrieved by an entry wrongly
made or wrongly remaining on the register of
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Trademark, is entitled to file a petition for
cancellation of registration or rectification of
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
the register for removal of the registered mark.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

4. GROUNDS FOR
RECTIFICATION
CHENNAI
3rd Floor, ‘Creative Enclave’, • That the register suffers from the absence or omission of an
148-150, Luz Church Road,
Mylapore, entry e.g. a disclaimer, a condition or a limitation.
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 • That the entry was made without sufficient cause i.e. registration
BANGALORE
Suite 920, Level 9,
was obtained by misrepresentation of, facts, similar to earlier
Raheja Towers,
26-27, M G Road, mark registered etc.
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 • That the mark was wrongly remaining on register i.e. it is
COIMBATORE
BB1, Park Avenue,
contrary to some provisions of the act or likely to cause
# 48, Race Course Road,
Coimbatore - 641018.
confusion.
Tel: +91 - 422 – 6552921
• That the mark has not been used for a continuous long period of
more than five years.
• That the renewal fee has not been paid.
• A trademark could be expunged from the register if registration
is obtained by fraud. Where the registration has been obtained
EMAIL
info@altacit.com by suppression of material fact or false statement it is known as
WEBSITE registration obtained by fraud.
www.altacit.com

5. WHERE TO FILE
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• Rectification/cancellation applications
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 can only be filed at the Trademark
Registry (Ahmedabad, Chennai, Delhi,
BANGALORE
Suite 920, Level 9,
Raheja Towers,
Kolkata or Mumbai) where the
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
trademark was originally filed for
attaining its registration.
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

6. THE PROCEDURE FOLLOWED BY THE REGISTRY
FOR CANCELLATION/RECTIFICATION
PROCEEDINGS?
CHENNAI
3rd Floor, ‘Creative Enclave’,
• On receipt of the application for rectification, official fees
and statement of case the Registrar serves the application
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
and the statement of case upon the Registered Proprietor
BANGALORE
Suite 920, Level 9, calling upon it to file a Counter Statement (CS).
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001. • Once the CS is filed, the matter reaches the evidence stage
and the parties are required to file their respective
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
evidence in the form of an affidavit/s deposed by their
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 concerned authorised officer/s. Subsequent to both the
parties having filed their respective evidence, the matter is
set down for a final hearing giving both parties opportunity
to make oral submissions on merits and the order is made
in due course.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

7. STEPS TO PREVENT RECTIFICATION OR
REMOVAL OF MARK FROM THE REGISTER
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• Renewal of the mark from time to time.
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 • Not doing anything which will destroy the
BANGALORE
Suite 920, Level 9,
Raheja Towers,
distinctive character or make it deceptive.
• Not allow the mark to remain unused for a
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
period exceeding five years.
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 • Restrain others from infringing his mark by
taking prompt action against them.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

8. IS THE ORDER PASSED BY THE
REGISTRAR APPEALABLE?
CHENNAI
3rd Floor, ‘Creative Enclave’, • Yes, the Order from the Registrar is appealable before the
148-150, Luz Church Road,
Mylapore, Intellectual Property Appellate Board (IPAB).
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 • Appeals can be filed within 3 months from the date such an
BANGALORE
Suite 920, Level 9,
Order is communicated.
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

9. WHERE TO FILE THE
CANCELLATION/RECTIFICATION ACTION
BEFORE THE IPAB
CHENNAI
3rd Floor, ‘Creative Enclave’,
• Yes, rectification application can be filed before
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
the IPAB office at Chennai. Once the pleadings
arecompleted a hearing is appointed before the
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers, IPAB.
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

10. PROCEDURE FOLLOWED BY IPAB FOR
CANCELLATION/RECTIFICATION PROCEEDINGS
CHENNAI
3rd Floor, ‘Creative Enclave’,
• In cancellation proceedings before the IPAB, the
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004. party filing the application for rectification is
Tel: +91 - 44 - 2498 4821
BANGALORE
required to submit its statement of case and
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
evidence along with its application. On being
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 served, the registered proprietor is also
COIMBATORE
BB1, Park Avenue,
required to submit its evidence along with its
counter affidavit.
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
• Subsequently, the IPAB appoints a hearing for
oral submissions on merit and the Order is
accordingly made in due course.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com

11. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
THANK YOU
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com