Trademark Rectification — Correcting or Contesting the Register.
Rectification is how the Register itself gets corrected — removing a wrongly entered mark, updating an error, or challenging a registration that shouldn't have been granted.
Contact UsRectification under Section 57 of the Trade Marks Act covers two distinct situations: an owner seeking to correct an error or omission in their own registered entry (such as an address or ownership detail that's out of date), and a third party (an 'aggrieved person') petitioning to cancel or vary another party's registered mark on grounds such as non-use for a continuous period, the entry having been made without sufficient cause, or the registration otherwise being wrongly on the Register.
Non-use rectification is one of the most common contested scenarios — if a registered mark hasn't been used for the goods/services it covers for a continuous period of five years and three months from the date registration was completed, an aggrieved third party can petition to have it removed, freeing up the mark for others to potentially register.
We handle rectification from both sides: filing a petition on behalf of a party seeking to correct or cancel an entry, and defending an existing registration against a rectification petition filed by a third party, including compiling use evidence to counter a non-use claim.
Our Rectification Services
Own-Entry Correction Filing
Filing to correct an error or update details (such as address or ownership) in your own registered trademark entry.
Non-Use Rectification Petition (Offensive)
Filing a rectification petition to cancel a third party's registered mark on grounds of continuous non-use.
Non-Use Rectification Defence
Defending an existing registration against a non-use rectification petition, including compiling use evidence.
Wrongful Entry Rectification Petition
Filing a petition to remove a mark registered without sufficient cause or in violation of the Act's provisions.
Aggrieved Person Standing Assessment
Assessing whether a party has the requisite standing as an 'aggrieved person' to file a rectification petition.
Counter-Statement to Rectification Petition
Drafting the counter-statement responding to a rectification petition filed against a registered mark.
Use Evidence Compilation
Compiling sales, advertising, and market-use evidence to demonstrate genuine use of a challenged mark.
Rectification Hearing Support
Preparation and representation where a rectification petition proceeds to a Registry or IPD hearing.
Our Process
Situation Assessment
We assess whether the matter is a correction of your own entry, an offensive petition against another mark, or a defence against one filed against you.
Grounds & Standing Review
For offensive petitions, the specific ground (non-use, wrongful entry) and the petitioner's standing are reviewed.
Petition or Counter-Statement Drafting
A rectification petition or a counter-statement (as applicable) is drafted addressing the specific grounds.
Evidence Compilation
Use evidence or supporting documentation is compiled depending on whether the matter involves a non-use claim.
Filing & Hearing Follow-Through
The filing is submitted and the matter is tracked through to any scheduled hearing and decision.
Why It Matters
Frequently Asked Questions
Need to correct, defend, or challenge a Register entry?
Tell us which side of the rectification matter you're on — we'll assess the grounds and standing and handle the filing.
