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Trademark Registration in Kerala - BookMyTM

Trademark Rectification Filing

Trademark Rectification

What is Trademark Rectification?

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.

Register Online for Rs.9000

    Significance of Trademark Rectification

    With a Trademark Rectification filing, one can challenge the integrity of a registered mark by providing strong reasons why the mark is not considerable for registration. Trademark Rectification is for you, if you missed to file an opposition by any circumstances on the period the mark which got registered was published in the journal for public reference and interference. You can challenge the existence of the registered mark for the reason being similar to the mark, which you owns, or any other reason, which stands in the eyes of registry as a valid reason for questioning the existence of the same.

    Documents Required to File Trademark Rectification

    Information of the Applicant

    Name, Address and Nationality of each applicant

    Details of the application

    Details of the application like trademark and its application number

    Grounds for Rectification

    One who would like to file a rectification of trademark should furnish the grounds and significance of the rectification of trademark application.

    POA (Power Of Attorney)

    POA (Power Of Attorney is a legal document that allows attorney to file Trademark application on behalf of the applicant to Trademark Registry. Law professionals of BookMyTM will prepare the form after the receipt of documents.

    Who can file rectification petition

    The aggrieved party is entitled to file a petition for the rectification or cancellation of registration or removal of the registered mark.

    Grounds for filing an application for trademark rectification or cancellation:

    • That 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 remaining on the register in case it is against to 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 owner.
    • 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 statement it is known as registration obtained by fraud.
    • Inclusion or addition of certain more class or goods or services, in case it is against to 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.

    File a Trademark Rectification in 3 Easy Steps

    Step 01

    Register & Pay

    • Select any package suits your requirement
    • Fill up the form which will take less than 10 minutes
    • Make payment through secure payment gateway.

    Step 02

    We Will Help

    • Your queries will be answered quickly and effectively
    • Discussion on the stands for Trademark Rectification
    • Provide details & upload documents required for Trademark Rectification
    • Drafting of Documents and POA
    • Sending Drafted documents and POA for getting signed from Applicant
    • Receipt of Signed Documents and POA
    • Preparation of Application
    • Filing of Trademark Rectification Application

    Step 03

    Application Filed

    Your Trademark Rectification Filed Successfully

    All it takes 15 – 20 Working Days*
    *Subjected to Government Processing Time

    The Process of Filing Trademark Rectification Application

    Day 1 – 5

    • Collection of Information
    • Collection of Required Documents
    • Review of Documents and Information Provided

    Day 6 – 15

    • Discussion on Stands for Rectification with applicant
    • Finalizing stands for rectification and conditions
    • Drafting of Documents and Power of Attorney
    • Sending Documents and POA for getting signed

    Day 15 – 20

    • Receipt of Signed Documents & POA
    • Preparation of Application by an experienced attorney
    • Filing of Trademark Rectification Application
    • Your Trademark Rectification Application Filed Successfully
    • *Subjected to Government Processing Time

    Frequently Asked Questions

    Who can file a Trademark Rectification Application?

    The aggrieved party is entitled to file a petition for the rectification or cancellation of registration or removal of the registered mark.

    What are the Grounds for filing an application for trademark rectification or cancellation?

    a) That the registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered. b) That the mark was wrongly remaining on the register in case it is against to some legal provisions of the Act or likely to cause confusion. c) Making any changes, amendments, or modification in connection with any registered trademark as per the recent advancement. d) Non-use of any registered trademark for more than five years by the registered owner. e) Non-renewal of the original or previous registration of the trademark. f) 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 statement it is known as registration obtained by fraud. g) Inclusion or addition of certain more class or goods or services, in case it is against to the business extent of the registered trademark. h) Non-conformity with one or more grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
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