Trademark Rectification & Cancellation | N D Savla & Associates
Rectification · Nashik, Maharashtra

Trademark Rectification — Clearing the register.

Applications to rectify or cancel entries on the register, including removal of marks unused for the prescribed period, and defence where your own registration is challenged.

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Rectification is the mechanism for correcting the register: removing a mark that was wrongly registered, cancelling one that has not been used, or correcting an entry that no longer reflects the position.

It is most often used offensively. Where an application is blocked by an earlier mark that the proprietor is not actually using, seeking removal on grounds of non-use can clear the path more effectively than arguing around the conflict.

N D Savla & Associates assesses and coordinates these applications for businesses in Nashik and across Maharashtra, working with trademark agents and counsel on the proceedings themselves.

Our Trademark Rectification Services

Blocking Mark Analysis

Analysis of a cited or blocking mark, its status and evidence of its use.

Non-Use Investigation

Investigation into whether the mark has been used in the relevant period.

Rectification Application

Preparation and filing of the application setting out the grounds.

Cancellation on Merits

Applications where the mark was wrongly registered or is invalid.

Entry Correction

Correction of errors or outdated particulars in a registered entry.

Defence of Registration

Defending your own registration where rectification is sought against it.

Use Evidence Assembly

Assembly of evidence of use to defend against a non-use application.

Hearing & Appeal

Coordination of the hearing and any subsequent appeal.

Our Process

1

Target Assessment

The registration in question is assessed for vulnerability and its use position.

2

Ground Selection

The grounds for rectification are selected and the evidence required identified.

3

Filing

The application is prepared and filed with the supporting material.

4

Evidence & Reply

Evidence is filed and the other side's response addressed.

5

Hearing & Order

The matter is argued and the order acted upon.

Why It Matters

Blocking marks assessed rather than accepted
Non-use position investigated before filing
Grounds selected on the evidence available
Path cleared for your own application
Own registration defended with use evidence
Outdated entries corrected on the register
Hearing prepared from the record filed
Honest assessment before costs are incurred

Frequently Asked Questions

It is the process by which an entry in the register is removed, cancelled or corrected, on grounds including non-use and invalidity of the registration.
It is an application to remove a registered mark on the ground that it has not been used in relation to the registered goods or services for the prescribed period.
It is commonly used where an earlier registration is blocking a new application but the proprietor does not appear to be using the mark.
By filing evidence of genuine use of the mark during the relevant period in relation to the registered goods or services.
Corrections of clerical errors and updates to particulars can be sought through the prescribed procedure.
Yes. It involves pleadings, evidence and typically a hearing, and the outcome turns largely on the evidence filed.

Blocked by a mark nobody is using?

Send us the citation — we'll investigate the use position and tell you whether removal is realistic.