An application for rectification of a trade mark can be filed in India on grounds of contravention or failure to observe a condition of the trade mark already entered in the Register or an error in registering the trade mark. Section 57 of the Trade Marks Act, 1999 provides for the grounds for Rectification of the Register. An application for rectification or cancellation of a trademark can also be filed on the grounds of non-use of the trademark for a prescribed period of time after the registration of the trademark.
An application for rectification of a registered trade mark is required to be filed before the same Trade Marks Registry where the application for its registration was filed. Precautions to be undertaken in order to prevent the rectification or removal of a mark from the register:
i. Renewal of the said mark from time to time.
ii. Preserving the distinctive character of the mark and avoiding its becoming deceptive.
iii. Not keeping the mark unused for a period exceeding five years.