Trademark Rectification / Cancellation

A registered trademark can be challenged after registration — to remove it for non-use, to cancel it as wrongly registered, or to correct an error in the register. Equally, a registered proprietor may need to defend against such an action.

The firm prepares and pursues rectification and cancellation petitions, or defends them, on grounds such as non-use (Section 47) or wrongful entry (Section 57), with a trademark attorney where required.

Trademark rectification support covers, including:

• Assessing the grounds — non-use, wrongful registration, or error
• Filing the rectification/cancellation petition
• Defending a registration against a rectification action
• Evidence and submissions
• Representation at the hearing, with a TM attorney where needed

1. 01

   Assess grounds

   Establish the ground for rectification or the defence.

2. 02

   File

   File the petition, or the reply in defence.

3. 03

   Evidence

   Put in the supporting evidence.

4. 04

   Hearing & order

   Argue the matter for an order on the register.

PBT pursues or defends rectification to keep the register right for you.

• A clear read of the grounds and merits
• Petition or defence prepared properly
• Evidence marshalled
• Hearing representation where needed
• Scope, deliverables, and fees agreed in writing up front

• Can a registered trademark be removed?

  Yes — for non-use over the statutory period, for wrongful registration, or to correct the register. We advise on the grounds and pursue or defend the action.

• What is the non-use ground?

  A registered mark not used for a continuous period (generally five years) can be challenged and removed for non-use under Section 47. We assess whether it applies.

• How long does it take?

  Rectification proceedings run over many months through the petition, evidence, and hearing stages.