- An application is to be made in triplicate on the requisite form
- A statement of case
- Identity proof
- Address proof
Trademark Rectification
All you need to know
Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark recorded in the trademark register, after the trademark registration process. Such Trademark may have been wrongly registered or may have remained on the register even after its expiry. In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.
Any person aggrieved by the trademark can apply for rectification or cancellation of the trademark.
When Can a Trademark be rectified?
While applying for the trademark or post it’s registration, if the applicant of the trademark realizes that there have been minor errors or if some alterations are required then the applicant can file for rectification with the Registrar of trademarks.
Forms to be filed for Trademark rectification:
- Rectification or cancellation initiated by the proprietor of the trademark – Apply in the form “TM-16” along with prescribed fees.
- Rectification or cancellation initiated by the registrar – Form “TM- M” along with prescribed fees.
- Rectification or cancellation initiated by any aggrieved person – Form “TM-26” along with prescribed fees.
Why caagrawalkanhere as your service provider for Trademark Rectification?
caagrawalkanhere.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory and management consultancy services to clients in India and abroad. Rectification of a Trademark in India is easy, seamless, cheapest and quickest with caagrawalkanhere.com! Apart from a Trademark rectification caagrawalkanhere.com also helps you with Trademark Registration, Trademark Objection filing, Trademark Renewals, Trademark Assignment, Trademark withdrawal and Trademark opposition services. You may get in touch with our compliance manager on 0755 276 1432 or email info@caagrawalkanhere.com for free query.
Grounds for filing an application for trademark rectification or cancellation
Points to make your decision easy
- The registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered.
- That the mark was wrongly recorded in the register in case it is against some legal provisions of the Act or likely to cause confusion.
- Making any changes, amendments, or modification in connection with any registered trademark as per the recent advancement.
- Non-use of any registered trademark for more than five years by the registered proprietor.
- Non-renewal of the original or previous registration of the trademark.
- A trademark could be expunged from the register in case registration is obtained by fraud. Particularly, where the registration has been obtained by suppression of material fact or false statements it is known as registration obtained by fraud.
- Inclusion or addition of certain more class or goods or services, in case it is against the business extent of the registered trademark.
- Non-conformity with one or more grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
Documents Required for Trademark Rectification
Trademark Rectification-Process Flow
5 Easy Steps
1
Fill in the simple checklist
2
Submission of documents
3
Drafting the application
4
Filing of the form
5
Rectification Approved
Fill in simple checklist
Your documentation and a brief checklist will be requested from you by our compliance manager. You must complete the check list and submit it with your supporting documentation for processing. Our knowledgeable team will examine the paperwork and continue with the trademark rectification.
Filing of the forms
The appropriate application(s) will then be submitted, together with any modifications needed and pertinent paperwork. After that, we'll get everything ready and complete out the necessary paperwork. The form must then be submitted together with the required fees to the Trademark Registrar.
Rectification Approved
He will check all the information and paperwork once we have submitted it to the relevant trademark registrar. Once all requirements have been met, the trademark registrar will approve the trademark and make any necessary modifications to the trademark register, concluding the procedure.
FAQs On Trademark Rectification
Get answers to all your queries
Trademark rectification is a legal process of rectifying an error in trademark from the registrar of trademark authority of India.
Following are the permissible amendments under the Trademarks Act:
– Amendment/correction in the name, address or description of the registered proprietor
– Cancel the entry of a trademark on the Register
– Amendment of user date
– Amendment in the specification of goods and/or services.
The Tribunal i.e. the Registrar or the Appellate Board, after giving a notice as well as an opportunity of being heard to the concerned parties, may either cancel, vary, add or remove the entry in question.
It can be filed by the owner of the trademark itself for removing the certain error.
– It may also be filed by any other person or entity being aggrieved by such entry.
CA Agrawal Kanhere.com provides Trademark Rectification all across India. You can make Trademark Rectification in Ahmedabad, Mumbai, Pune, Bangalore, Chennai, Delhi, Kolkata, Kanpur, Nagpur, Jaipur or any other cities easily with us.
