Trademark & IP · Panaji, Goa
Strategic trademark rectification and cancellation in Goa — removing or correcting a registered mark under Section 47 (non-use) and Section 57 — filed before the Registrar or, since the IPAB was abolished, the High Court, to clear a wrongly registered or unused mark blocking you.
Overview
Registration is not the end — a registered mark can be challenged. Rectification or cancellation can remove a mark that was wrongly registered, has become an error on the register, or has not been used for the statutory period (Section 47), or correct entries under Section 57.
Since the Tribunal Reforms Act 2021 abolished the IPAB, rectification and cancellation petitions now lie before the High Court or the Registrar, depending on the matter. We assess the ground, build the case — often the other side's non-use or your prior rights — and pursue or defend the rectification, alongside any infringement dispute.
What's covered
Removing or defending a registered mark.
Get a fixed-fee quote →Removing a mark unused for the statutory period under Section 47.
Correcting or cancelling wrongly registered entries.
Assessing whether rectification is the right remedy.
Filing before the Registrar or High Court as appropriate.
Building proof of non-use, prior rights or error.
Defending your registration against a rectification petition.
Our process
We confirm non-use, error or wrongful registration.
We file before the Registrar or High Court.
We assemble proof for or against rectification.
We argue the petition to a decision.
Frequently asked questions
Rectification is the process of correcting or cancelling an entry in the Register of Trade Marks — for example, removing a mark that was wrongly registered, has become an error, or has not been used. It is how a registered mark can be challenged after it is on the register.
Common grounds include non-use of the mark for a continuous statutory period under Section 47, the registration having been made without sufficient cause or in breach of the Act, and errors or defects in the register under Section 57. We identify the ground that fits your case.
Since the Tribunal Reforms Act 2021 abolished the IPAB, rectification and cancellation petitions are filed before the High Court having jurisdiction, or before the Registrar, depending on the nature of the matter. We file in the correct forum.
Yes. Under Section 47, a registered mark can be removed if it has not been used for the prescribed continuous period and there is no valid reason for the non-use. Proving non-use is key, and we build the evidence to support such a petition.
Typically because a registered mark — often unused or wrongly granted — is blocking your own application or use, or has been registered in bad faith. Removing or limiting it clears the path for your brand. We assess whether rectification is the right route.
Yes. If your registered mark is challenged, we defend it by proving genuine use, distinctiveness and proper registration, and by answering the petitioner's grounds. A robust defence protects the brand you have built.
Book a free consultation and share the registered mark and your concern. We assess the grounds, choose the forum and pursue or defend the rectification, on a transparent fee.
Related services
Book a free consultation with a qualified Chartered Accountant in Goa. We'll assess the grounds and pursue or defend the rectification — no obligation.