A registered mark standing between you and your brand name is not always permanent. If nobody is using it, or it should never have been registered, it can be taken off the register. Most applicants never find this out — they argue dissimilarity for two years, lose, and rebrand.
Pick the speed and depth that matches your need. Same quality, same CA team — only the timeline changes.
Timeline: Filing stage
Timeline: Through the evidence stage
Timeline: Through to decision
Government fee — paid by you at actuals
A rectification application is filed on Form TM-O with a government fee of ₹2,700 per class by e-filing, paid at actuals. The vulnerability assessment of the mark blocking you is free and happens before you commit to anything.
Every price above is a professional fee, excluding GST and government charges. 50% on delivery.
All fees and charges listed are indicative only and do not constitute a binding offer. Final amounts may vary depending on the volume of work and the complexity involved.
Is it in use, is it renewed, who owns it, and is it vulnerable. You get a view before you spend anything.
Arguing dissimilarity is cheaper and faster but leaves the mark on the register. Removal is slower and dearer but clears it for everyone. We give you the maths, not a preference.
Non-use under Section 47 and rectification under Section 57 are usually pleaded together — one attacks the use, the other attacks the registration.
Non-use investigation, market and online presence evidence, and representation at the hearing, coordinated with your own pending application.
Tell us your requirement, a CA will call you in 30 minutes.
Section 47 allows removal where there has been no bona fide use for a continuous period of five years and three months before the application, or where the mark was registered without bona fide intention to use.
A person aggrieved is read broadly. An applicant whose mark has been cited against a registration qualifies, as does a trader in the same field hampered by it.
Where the cited mark is genuinely dormant and your commercial position depends on that class, removal is usually the better spend. Where the marks are properly different, arguing is.
A negotiated withdrawal or assignment frequently becomes available the moment the proprietor realises the mark is vulnerable, which is why some of these resolve in months rather than years.
If a rectification is filed against you, you need dated documentary proof of continuous use across the five-year window. Businesses that have genuinely used a mark for a decade often struggle to prove when.
Section 47(3) covers regulatory restriction on the trade generally, not the owner’s own inactivity. It is narrower than most people hope, but it is real.
