Trademark Rectification

 

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

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 submit all the details related to rectification which you want to make or about the cancellation information of the trademark. 

Step 2 - Draft Application

Step 3 - Form Filing

After seeking your confirmation, 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.