Introduction

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark 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.

Procedure

The application form used to serve trademark rectification or cancellation must be filed in prescribed form. The application must include the statement of case, and submit along with the prescribed fee. Further, the application can be submitted to the Registrar or IPAB. On receipt of the application, the Registrar serves notice to the registered proprietor to file a counter statement. Once the counter statement is filed the matter arrives at the evidence stage. The parties may require filing their respective evidence in the form of an Affidavit. After this, there will be a hearing. Subsequently, the order is passed.s

Documents

Document required for Trademark Rectification:

  1. Account Credentiuals.
  2. TM Proof.
  3. Trademarks Details.
  4. Rectification issues

Time

TM reactification around 7- 10 days.

FAQ's

The Trademark Registry has classified goods and services under 45 classes. Your application must mention the class/classes of the goods/services. The trademark would be registered under those classes only.

It is valid for 10 years at a time and is renewable indefinitely.

A trademark is a mark given to a brand to protect the brand name, Logo or Slogan. A copyright is a Protection given to unique content such as books, music, videos, songs or even software..

The trademark registered under Trademark Act 2000 will be valid only in India. However, in some countries trademark registered in India can be used as a base for registering trademark in that country.

Rectifications of Company Names, Business Names or Domain Names do not provide ownership or a monopoly right in a name as do trademark Rectifications.

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