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Trademark Rectification Filing

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.

₹ 860 All Inclusive

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.

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Register for Trademark Rectification Online

Documents Required to File Trademark Rectification

  1. Information of the Applicant Name, Address and Nationality of each applicant
  2. Details of the application Details of the application like trademark and its application number
  3. 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.
  4. 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:

  1. That the registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered.
  2. 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.
  3. Making any changes, amendments, or modification in connection with any registered trademark as per the recent advancement.
  4. Non-use of any registered trademark for more than five years by the registered owner.
  5. Non-renewal of the original or previous registration of the trademark.
  6. 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.
  7. Inclusion or addition of certain more class or goods or services, in case it is against to the business extent of the registered trademark.
  1. Non-conformity with one or more grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.

Register Online

File a Trademark Rectification in 3 Easy Steps

  1. Fill up the registration form

    Select any package suits your requirement

    Fill up the form which will take less than 10 minutes

    Make payment through secure payment gateway.

  2. BookMyTM is Here to 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

  3. Receipt of Signed Documents and POA

    Preparation of Application

    Filing of Trademark Rectification Application

    Your Trademark Rectification Filed Successfully

    All it takes 15 – 20 Working Days*

    *Subjected to Government Processing Time

The Process of Filing Trademark Rectification Application

  1. Day 1 – 5

    Collection of Information

    Collection of Required Documents

    Review of Documents and Information Provided

  2. 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

  3. 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

Enquiry


FAQ

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.