TRADEMARK RECTIFICATION
Trademark Rectification
Assistance
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Get clear guidance on trademark rectification requirements, procedures, and documentation so you can understand the correction process with confidence.
Receive timely status updates and notifications to help you track rectification-related actions and maintain accurate trademark records.
Why Choose TMZON
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Trademark Rectification Assistance in 3 Simple Steps
Share the Issue or Registry Notice
Share your trademark number or the relevant registry notice so the rectification requirements can be reviewed.
Get Rectification Guidance
Receive step-by-step guidance on preparing rectification details and supporting documentation.
Track Rectification Updates
Stay informed with updates and notifications related to the rectification process and registry status.
Trademark Rectification Pricing
Noticed an error in your trademark record or received a registry notice? Get structured rectification guidance and documentation support to address it correctly.
What's Included
- Rectification requirement review
- Guidance on documentation and forms
- Government fees payable separately
- Suitable for common registry discrepancies
- Step-by-step rectification guidance
- Status update support
What's Included
- End-to-end rectification guidance
- Detailed review of rectification drafts
- Ongoing registry status support
- Applicable for entity & partnership trademarks
- Support tailored to registry communications
- Priority assistance and follow-ups
Trademark Rectification Assistance — Starting ₹1,599
Facing issues with your trademark due to incorrect details or registry communications? Get structured rectification assistance and guidance to address discrepancies and maintain the accuracy of your trademark records.
Trademark Rectification
- A trademark serves as a unique identifier for a product, much like a personal signature. To ensure its exclusivity, it must be registered under the Trademark Act and Rules. If errors or necessary changes are identified during or after registration, the applicant can request rectification from the Registrar.
- At TMZON, we provide expert guidance and services to help clients navigate the trademark rectification process efficiently.
What is Trademark Rectification?
- Trademark rectification involves correcting errors or omissions in the trademark register post-registration. This process is governed by Chapter 7 of the Trademark Act, 1999, and allows individuals or entities to address issues such as incorrect details, expired trademarks, or unauthorized registrations. Section 57 of the Act empowers affected parties to seek rectification, which may sometimes lead to the cancellation of a trademark.
Reasons for Trademark Rectification
- Errors in Application: Incorrect details like address or contact information in the application form.
- Incorrect Trademark Details: Mistakes in class, description, or design of the trademark.
- Non-Use of Trademark: Trademarks unused for five years and three months may be removed.
- Updates to Information: Changes in applicant details or address requiring updates.
- Aggrieved Party Requests: Applications by third parties or aggrieved individuals for rectification or removal.
Who Can File for Rectification?
- Trademark Holder: The owner of the trademark can file for rectification to correct errors.
- Aggrieved Party: Individuals or entities adversely affected by the trademark’s registration.
- Third Parties: Any third party can file for rectification if the trademark infringes societal interests or causes confusion.
Forms for Trademark Rectification
- TM-16: For corrections or cancellations requested by the trademark proprietor.
- TM-M: For rectification initiated by the Registrar.
- TM-26: For rectification or cancellation filed by an aggrieved party.
Jurisdiction for Rectification
- Applications must be filed at the Trademark Registry office where the original registration was submitted. Key offices include Mumbai, Chennai, Kolkata, Delhi, and Ahmedabad.
The Rectification Process
- Drafting the Application: Prepare a detailed rectification application with accurate information.
- Form Submission: File the appropriate form (TM-16, TM-M, or TM-26) with the required fees.
- Document Submission: Provide supporting documents, such as identity proof or PAN details, for verification.
- Verification: Authorities review the application and documents for accuracy.
- Final Order: The Registrar or Appellate Board issues an order for rectification, cancellation, or modification.
Process for Aggrieved Parties
- Filing for Rectification: The aggrieved party files Form TM-26 with reasons for rectification.
- Notice to Trademark Holder: The Registrar notifies the trademark holder to submit a counter-statement.
- Affidavits and Evidence: Both parties submit affidavits and supporting evidence.
- Decision: The Registrar or Appellate Board reviews the case and issues a final order.
Consequences of Rectification
- Rectification may result in the removal or cancellation of a trademark if it remains unused for five years or lacks genuine market utilization. Maintaining active use and reputation is essential to avoid such outcomes.
Some common questions
were often asked
What is the difference between trademark rectification and cancellation?
Trademark rectification involves correcting errors or omissions in the trademark register, whereas cancellation removes a trademark from the register entirely. Rectification can be requested if the trademark is wrongly registered, while cancellation applies when a trademark is no longer valid.
Can I rectify my trademark if it was incorrectly registered under a different class?
Yes, you can file for rectification to correct the class of goods or services under which your trademark was registered. This process ensures that your trademark is registered under the appropriate class.
Can I rectify my trademark if there is a spelling mistake in the registration?
Yes, if there is a spelling error in your trademark registration, you can apply for rectification to have the mistake corrected in the register. This ensures the accuracy of your trademark details.
Can I rectify a trademark even if it has already been challenged?
Yes, even if a trademark has been challenged, you can still apply for rectification. The rectification process will not be hindered by ongoing challenges, as long as it is justified by an error in the registration.
How long does it take to complete the trademark rectification process?
The trademark rectification process typically takes a few months, depending on the complexity of the case and the workload of the Intellectual Property Office. However, it can vary.
Where can I file for trademark rectification in India?
You can file for trademark rectification through TMZON. They assist you with the entire process and ensure that the errors in your trademark registration are corrected.