Any aggrieved person can seek rectification or removal of a registered trademark on grounds such as non-use for five years and three months, registration obtained in bad faith or by misrepresentation, or conflict with an earlier right. Applications are filed before the Registrar or, after the abolition of the IPAB, the High Court, supported by evidence.
Grounds
- Non-use (Section 47)
- Wrongly remaining on register
- Registration contrary to law
Process
- File petition with grounds and evidence.
- Registered owner files counter-statement.
- Evidence stages.
- Hearing and order.
Strategy
Investigate use through market searches before filing non-use claims.
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Owners prove use or special circumstances for non-use.
Frequently asked questions
Who can file rectification?
Any person aggrieved, usually a competitor blocked by the mark.
How long does it take?
Often a year or more depending on forum.
Can a pending application be rectified?
Use opposition for pending applications; rectification is for registered marks.
Is IPAB still functioning?
No. It was abolished in 2021 and its functions moved to High Courts.
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