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What Is Trademark Rectification?
Rectification means to rectify any mistake or error. The same facility is available under trademark registration. As per the title, it indicated that if an error occurred while applying for the trademark registration or after the registration of the mark, the applicant could apply for its rectification. However, this facility not only includes correction or an error but also contains the changes or alterations which the applicant independently wants to make in the trademark application or after getting the certification of registration. The applicant can anytime apply for the rectification whether such mark registered or is to be registered. The applicant can also apply for cancellation under the same facility. If the applicant trademark is not in use for the period of five years and three months, then the applicant may file a petition for removal of such mark from the list of the registered trademark to the registrar.
GROUNDS OF RECTIFICATION:
* For altering the details of the applicant either his address or contact details or any other information and even for changing the applicant;
* For changing the class of the trademark;
* For altering the description or classification of goods & services or mark;
* For changing the design or mark or any other content of the mark;
* For rectifying any error made in the application;
* Any error information entered in the register of the trademark registrar;
* The registered mark not in use for the period of five years and three months, then an application for removal;
* Other relevant grounds as prescribed and accepted by the registrar.
The applicant shall file the trademark rectification application in the form “TM-16” along with prescribed fees.
In the above situation, we have talked when the applicant files the rectification application, but even the registrar can order to submit the rectification application. If the registrar founds that the form contains any misrepresentation and any error he can order to rectify the same issue. If the registrar ordered for the amendment of any mistake, then the applicant has to file the rectification form in “TM-M” along with relevant fees as prescribed under the Trademark Act, 1999. Get your trademark rectification or alteration without any hassle through RegisterExperts
What Do You Get Trademark Rectification
Documents Required For Trademark Rectification
ID PROOF
PAN Card, Adhaar Card, Voter Id Any one ID Proof
POWER OF ATTORNEY
Duly Signed TM 48
APPLICATION NUMBER
Trademark Application Number
Process Of Trademark Rectification
Step 1 - Submit Documents
For filing rectification application, you need to give us all the details related to rectification which you want to make or about the cancellation information of the trademark. We will provide you with a few documents including power of attorney in which you need to fill your details, sign it and revert us.
Step 2 - Draft Application
According to your given information, we prepare your trademark rectification/ cancellation application in the relevant form and will send you the preview for obtaining your confirmation before filing it to the registrar.
Step 3 - Form Filing
After seeking your confirmation, our attorney will submit your rectification/ cancellation application and make the payment for the same. After presenting the application, the registrar will examine the application.
Step 4 - Government Approval
After receiving the application, the registrar will examine the provided details. If no error found by the registrar in the application, then he will pass the order either for the rectification or cancellation according to the application.
Let our experience be your guide
Trademark Rectification Online Starting @ 2999/-
Frequently Asked Questions
Can a trademark application be rectified after filing for registration?
Yes, the application can be rectified after the filing the application either by the order of the registrar or by the applicant on his discretion. All the information can be altered except the mark and logo applied. Information like contact details, address, goods or services.
Who can file trademark rectification form?
The aggrieved party can only file the rectification or cancellation form. It means the person who has applied for the registration of the trademark can only file the rectification or cancellation.
What are the grounds for filing trademark rectification form?
The grounds for filing rectification or cancellation application are:
- The application suffers from any lack of information or document
- The applicant needs to change any information like address, contact details etc.
- The applicant wants to add goods or services described in the class applied
- If the applicant is assigning his mark to another person
- The mark is wrongly mentioned in the register of trademark registrar or it is not legal under any legal provisions or it is creating confusion among the public
- The mark is not in use for more than 5 years
- The applicant fails to file the renewal application
- The application contains any false information or particulars of the mark is suppressed or the registration obtained in bad faith or by fraud.
Can an applicant file a trademark cancellation application?
Yes, the applicant can make an application for cancellation of the trademark. If the registered mark is not in use for more than five years then the applicant can apply for its cancellation. Or the applicant fails to renew the trademark or mark obtained by fraud or the particulars submitted are suppressed or false.
Can an applicant apply to alter the registered trademark?
Yes, once the trademark is registered it can be altered but only a few things can get altered like the address of the applicant, his contact details, power of attorney, if any, and he can add some goods or services or can also add a class by filing an application for business extension. But the name or mark or logo etc once applied cannot get altered. If the applicant wants to change his brand name then he has to file a fresh application for that mark.