Intellectual Property Right

TRADEMARK RECTIFICATION: ABOUT When the applicant of the trademark realizes that there have been minor errors or if some alterations are required then the applicant can file for rectification with the Registrar. Section 57 of the Trade Marks Act, 1999 provides for the grounds for Rectification of the Register. An application for rectification or cancellation of a trademark can also be filed on the grounds of non-use of the trademark for a prescribed period of time after the registration of the trademark. Trademark rectification refers to any kind of alteration, change, modification, or rectification in any registered trademark or the Register of Trademarks and is known as trademark rectification or rectification of the trademark register, by such aggrieved party. FEATURES OF TRADEMARK RECTIFICATION An application for rectification of a registered trademark must be filed before the same Trade Marks Registry where the application for its registration was filed. An application for rectification of a registered trademark can be filed by the owner of the trademark itself for removing a certain error. An application for rectification of a registered trademark may also be filed by any other person or entity being aggrieved by such entry. GROUNDS FOR RECTIFICATION • When there is an error in the application form like the wrong address or contact details. • When there is an error in the details of the trademark such as class, description, classification, and design. • When there is an error in the details entered in the register. • In the case when the applicant wants to modify details in the application such as the change of applicant and change of address. • In the case when the applicant wants to removal the trademark when not in use for five years and three months. • Any other grounds prescribed and accepted by the Registrar. • There may be instances where the registrar orders for rectification on the finding of some errors. • Registrar can also order for rectification when an aggrieved person makes an application for rectification or removal. • In the case when the renewal fee has not been paid. GENERAL RULE FOR PREVENTION OF TRADEMARK RECTIFICATION: • Continuous use of the mark, as non –continuous use for 5 years may put in the rejection category. • Doing everything to preserve the distinctive character of the mark and not allowing becoming deceptive. • Continuous renewal of the trademark registration • As soon as any infringement is observed, take necessary legal action against it and restrain others from doing it.   PRESCRIBED FORM FOR RECTIFICATION OR CANCELLATION • Form “TM-16” FOR Rectification or cancellation initiated by the proprietor of the trademark • Form “TM- M” FOR Rectification or cancellation initiated by the registrar. • Form “TM-26” FOR Rectification or cancellation initiated by any aggrieved person. DOCUMENT REQUIRED • An application must be submitted in triplicate on the requisite form • A statement of the case with clear ground based on which the rectification application is filed. • Identity proof • Address proof PROCESS OF TRADEMARK RECTIFICATION Applicants must submit relevant applications along with documents those are supporting to the required alteration. Applicant needs to submit demanding trademark rectification Form TM-O in triplicate. Submit the form with the Registrar along with the prescribed fees. The effect of rectification can be that after hearing the case presented by both parties, the Registrar or the Appellate Board can either cancel, vary, add or remove the entry. Trademark Act and Rules provide relief both to the applicant and aggrieved person to seek rectification or cancellation of the trademark. ## There may be complex things that occur during the process which is a time-consuming and lengthy process. The legal language of these forms is complex in nature. The government Portal and its functionality are in itself quite challenging. The support of professionals and experts can save your precious business time. Our team of LAW COMPLIANCES, having expertise in all such kinds of matters, will resolve all problems about registration & compliances and will save your precious time and Money. Working Process: >Choose your Plan and Pay Securely. > Upload required document > An expert will be assigned to you for the procedure of submission of the application. > Our Expert will complete the process required for your work along with the necessary assistance over a call during business hours. BASIC PLAN: Drafting and filing of trademark Rectification Inclusive of government fee and service tax. Service Fees: 4999/- inclusive All Fees. ACE PLAN: Reply of Trademark rectification Inclusive of government fee and service tax. Service Fees: 6999/- inclusive All Fees. TIME EXPECTED: Law Compliances can help you in Registration of Trademark in 7-10 working days.** **Time taken for Incorporation will depend on submitting the relevant documents by the client and approval from the Government authorities. FREQUENTLY ASKED QUESTION (FAQ): What is meant by the cancellation of a trademark? The term trademark cancellation refers to when an application is filed for removal of any previously registered trademark (or service mark) from the register of trademarks. How can a trademark be removed from the register? If you want to remove the trademark from the register then you have to surrender your rights. File the TM-27 application to the registrar of trademarks. After they process the application they will remove it. How can I withdraw my trademark application in India? An applicant may withdraw his trademark application by submitting a withdrawal letter to the trademark registry in writing. ***