Trademark Rectification

ERRORS/IRREGULARITY IN TRADEMARK? DON’T WORRY WE ARE HERE TO HELP YOU.

Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. And the owner of the mark can get it registered considering various conditions laid down by the Trademarks Act and Trademark Rules.

If any person is aggrieved by the registration of a trademark due to any errors or mistakes in it, they can approach the registrar to apply for rectification of the trademark which means to remove the mark from the registry.

eStartIndia comprises of best professionals who would help you in filing an effective Trademark Rectification or a counter-statement before the Registrar by understanding your grievances and identifying the best possible defenses that can address the issue. We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification.

eStartIndia will help you with all Trademark registration and other connected services from the comfort of your home by offering you services that are very specialized and tailored as per your requirements.

Get a free Consultation for Trademark rectification with Our Top Rated Experts with a simple registration.

GROUNDS FOR RECTIFICATION OF TRADEMARK

Grounds for rectification is mentioned under Section 57 of the Trademarks Act 1999.

Contravention or Failure: - if it is found that the owner of the registered trademark has failed to comply with the conditions of the register, then such registration can be rectified.
Absence or omission: - when the registrar omitted an entry or conducted fraud in the process of registration a rectification will be made.
Non-payment of Registration fee: - if it is found that registration fee was not paid then it shall be rectified.

WHO CAN APPLY FOR RECTIFICATION OF TRADEMARK?

Any person aggrieved by the entry of the trademark in the Trademark Register can apply for rectification or cancellation or removal of the trademark from the registry to the Registrar or Appellate Board.

WHERE CAN THE APPLICATION FOR RECTIFICATION BE MADE?

The application has to be made to the same Trademark Registry under which the Trademark set for rectification was registered or to the Intellectual Property Appellate Board.

Registration Process

PROCEDURE TO BE FOLLOWED BY REGISTRAR FOR RECTIFICATION OF TRADEMARK

Rule 92 to 101 of the Trademark Rules prescribes the procedure to be followed by the registrar in rectifying a trademark:

Step 1

The aggrieved must apply to the Registrar of Intellectual Property Appellate Board using Form TM 26 or TM 43 (for collective or certification mark), stating the reason to rectify with remitting the prescribed fee.

Step 2

The registrar will then send notice to the proprietor of the trademark to file a counter statement.

Step 3

Both the parties will then have to file affidavits producing their evidence.

Step 4

The matter will then be put before the Registrar or Board for hearing.

Step 5

After hearing the sides the Registrar or Board will come to a decision and an order will be passed.

Package

Basic

7499 /-

Package Includes:

Drafting and Filing of rectification of application
Free Expert Support
Govt. Fees
Status Update

(Professional Fees)

FAQs

Who can file for rectification of trademark ?

Any person aggrieved by the registration of a trademark can apply for rectification before the Registrar by showing the irregularities in the registration.

How can jurisdiction to file application for TM Rectification be determined ?

The application shall be made to the same registry where the registration of the said trademark was made.

Can an application for rectification be made when there is suit for infringement is pending before the civil court ?

The application can be made but if the suit is pending before the civil court regarding the validity of trademark then the hearing can only be conducted by the IPAB and not the registrar.

What are the grounds for filing rectification ?

The fraud conducted by the registrar, error in registration, false entry made, contravention of terms, non-payment of registration fee etc. are the grounds for rectification.