Nareshv and Associates

Trademark Rectification

Expert assistance at your fingertips

Steps

1. Fill out the Form

Filling out the form is quick and easy and will provide you with numerous benefits in the long run. By this, you will be able to get consultation from our nareshv & associates CA/CS and will be able to get Guidance. So, why wait? Take the first step towards a bright future for your business and fill out the form today.

2. Avoiding Trademark Rectification

Keep renewing your trademark registration
Doing everything to protect the particular trademark and not letting it becoming deceptive or misleading.
Continuous use of the trademark for a long time and not keeping it unused for a period beyond 5 years.
Take immediate legal action as soon as any infringement is observed.

3. Procedure

Step-1:In situations where the trademark registrar has denoted the trademark registration as “Formalities Check” or “Send back to EDP”, then the applicant is given the opportunity of being heard or to redress the error and so the application requires to be resubmitted. In such a case, the change in trademark has to be set up so as to address all the errors as reported by trademark examiner.
Step-2:The application form which is the Form TM-O is used for requesting rectification of trademark and it has to be filed in triplicate.
Step-3:It is important to ensure that the application for trademark clearly mentions and explains all the grounds on the basis of which the rectification application is filed.
Step-4:You should make your argument strong enough with sufficient proof to get the rectification done.
Step-5:Aside from this we firmly recommend in case of Trademark Rectification contact an expert, and take effective help of the trademark rectification expert, who is very much educated about the most recent updates and advancements in the trademark market.

4. Advantages

Trademark rectification offers the following advantages:

Ensures accuracy and validity of trademark registration
Protects trademark rights
Maintains brand reputation
Facilitates business growth
Compliance with trademark laws and regulations

5. Importance of Trademark Rectification

Trademark rectification is important because it allows trademark owners to correct errors or make changes to their registered trademark, ensuring the accuracy and validity of the trademark registration. This helps to protect trademark rights, maintain brand reputation, facilitate business growth, and comply with trademark laws and regulations.

6. Time Taken

The timeline for trademark rectification varies depending on the complexity of the case and the workload of the trademark registrar. Generally, it can take several months to complete the process.

Trademark Rectification

What is Trademark Rectification?

Rectification of trademark is a legal procedure to rectify or correct any error or omission that was made in the particulars of a trademark as has been recorded in the registers of trademark. A mark may get wrongly registered during the trademark registration or may even remain in the registers of trademark after its expiry. In all these cases, the Indian Trademark Act has a provision for filing for rectification of the registered trademark.

Frequently Asked Questions

1. How can I run a trademark search?

You can run a simple trademark search easily by clicking here. However, if you are serious about getting your trademark registered, it is advised to get a professional to do thorough trademark research.

2. How long does it take to get my trademark?

It can take anywhere between 6 months to 1 year for your trademark to be approved. However, we can apply and start using the ™ symbol within few days if we can get all the details and documents at the earliest.

3. Who can file for Trademark Rectification?

Any person aggrieved by the registration of a trademark can apply for rectification by showing the irregularities in the registration.

4. What are the grounds for filing rectification?

Any fraud carried out by the registrar, error in registration, non-payment of registration, false entry made, are the grounds for rectification.

5. How much does it take to file Trademark Rectification?

Corpbiz will take 5-10 days to prepare the trademark rectification deed and filing.