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All You Need to Know

What is Trademark Rectification?

Rectification is the legal process to correct or amend any errors or omissions made in the details of a trademark recorded in the trademark register after the registration process. This procedure is available for trademarks that may have been wrongly registered or have remained on the register past their expiry. Under the Indian Trademark Act, any aggrieved person can apply for rectification or cancellation of the trademark.

When Can a Trademark be rectified?

  • If the applicant realizes minor errors or needs to make alterations either while applying for the trademark or after its registration, they can file for rectification with the Registrar of Trademarks.

Forms for Trademark Rectification:

  • For Rectification or Cancellation by the Trademark Proprietor: Use Form TM-16 with the prescribed fees.
  • For Rectification or Cancellation by the Registrar: Use Form TM-M with the prescribed fees.
  • For Rectification or Cancellation by an Aggrieved Person: Use Form TM-26 with the prescribed fees.

Why Choose My File Tax for Trademark Rectification?

My File Tax is a leading business platform offering comprehensive services for trademark rectification and more. We make the process of trademark rectification in India easy, seamless, and affordable! In addition to trademark rectification, we provide expert assistance with trademark registration, trademark objection filing, trademark renewals, trademark assignment, trademark withdrawal, and trademark opposition.

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+91 72074 46677

kbharathca@gmail.com

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ESSENTIAL

₹ 2499/-
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  • Filing of form TM-M
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Grounds for filing an application for trademark rectification or cancellation

Points to make your decision easy

  • Misrepresentation of Facts: The registration was obtained through misrepresentation or without sufficient cause, or the trademark is similar to an already registered mark.
  • Wrongful Recording: The mark was incorrectly recorded in the register in violation of legal provisions or is likely to cause confusion.
  • Modification for Advancements: Making changes, amendments, or modifications to a registered trademark to align with recent advancements or developments.
  • Non-Use for Five Years: The trademark has not been used by the registered proprietor for more than five years.
  • Non-Renewal: The original or previous trademark registration was not renewed.
  • Fraudulent Registration: The trademark registration was obtained by fraud, including the suppression of material facts or false statements.
  • Addition of Goods or Services: Expanding the scope of the trademark registration to include additional classes or goods/services that do not align with the registered trademark’s original business scope.
  • Non-Conformity with Sections 9 and 11: The trademark does not comply with the requirements specified under Section 9 and Section 11 of the Indian Trade Marks Act of 1999.

Documents Required for Trademark Rectification

  • An application is to be made in triplicate on the requisite form
  • A statement of case
  • Identity proof
  • Address proof

Trademark Rectification-Process Flow

5 Easy Steps

Checklist

Our team will reach out to you to collect your documents and provide a simple checklist. Complete the checklist and submit it along with your documents for processing. Our experts will review the documents and proceed with the Trademark Rectification process.

 

 

 

 

Filing the Forms

We will prepare and submit the necessary application(s) along with the required alterations and documents. This includes completing and filing all relevant forms with the Trademark Registrar and paying the prescribed fees.

 

 

Rectification Approval

After submitting the documents and forms to the Trademark Registrar, they will review and verify the information. Once satisfied, the Registrar will approve the rectification request and update the trademark details in the register.

 

 
 

FAQs On Trademark Rectification

Rectification of a trademark refers to the legal process used to correct or amend errors, omissions, or inaccuracies in the trademark register. This procedure allows for the modification or removal of a trademark from the register if there were issues during the registration process or if the trademark no longer complies with legal requirements.

Under the Trademarks Act, permissible amendments include: Correcting errors or inaccuracies in the trademark register. Modifying the trademark details to reflect recent changes or developments. Adding or removing goods or services covered by the trademark. Updating ownership details or rectifying information about the mark’s registration.

The effect of trademark rectification is that the trademark register is corrected to reflect accurate and lawful information. Successful rectification can lead to the removal of invalid trademarks, amendments to the scope of protection, or the correction of registration errors, thereby ensuring the integrity of the trademark registry.

Anyone who is aggrieved by a trademark's registration, such as the original owner of the trademark or a third party, can file for trademark rectification. This process allows individuals or entities to challenge or correct entries in the trademark register.

We provide trademark rectification services across major cities in India, including Mumbai, Delhi, Bangalore, Chennai, Hyderabad, and more. Our services are available nationwide to assist with all your trademark needs.

About Us

At My File Tax, we simplify complex legal, financial, and compliance requirements for businesses and individuals. Whether you’re starting a new venture, managing existing operations, or ensuring regulatory compliance, we’ve got you covered. From company registrations (Private Limited, LLP, OPC, and more) to GST services, trademark registrations, accounting, and payroll management, our expert team ensures seamless execution tailored to your needs.

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