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Rectify

Your Trademark

Made any error while filing your Trademark? Make correction or rectification in your trademark. Apply for rectification of trademark with EbizFiling Prices starts at INR 2499/- only

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What is Trademark Rectification?

All you need to know

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark recorded in the trademark register, after the trademark registration process.  Such Trademark 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.

 

Any person aggrieved by the trademark can apply for rectification or cancellation of the trademark.

When Can a Trademark be rectified?  

While applying for the trademark or post it’s registration, if 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 of trademarks.

Forms to be filed for Trademark rectification:

  • Rectification or cancellation initiated by the proprietor of the trademark – Apply in the form “TM-16” along with prescribed fees.
  • Rectification or cancellation initiated by the registrar – Form “TM- M” along with prescribed fees.
  • Rectification or cancellation initiated by any aggrieved person – Form “TM-26” along with prescribed fees.

Why Ebizfiling as your service provider for Trademark Rectification?

EbizFiling.com is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory and management consultancy services to clients in India and abroad. Rectification of a Trademark in India is easy, seamless, cheapest and quickest with EbizFiling.com! Apart from a Trademark rectification EbizFiling.com also helps you with Trademark Registration, Trademark Objection filing, Trademark Renewals, Trademark Assignment, Trademark withdrawal and Trademark opposition services. You may get in touch with our compliance manager on 09643203209 or email info@ebizfiling.com for free consultation.

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Grounds for filing an application for trademark rectification or cancellation

Points to make your decision easy

  • The registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered.
  • That the mark was wrongly recorded in the register in case it is against some legal provisions of the Act or likely to cause confusion.
  • Making any changes, amendments, or modification in connection with any registered trademark as per the recent advancement.
  • Non-use of any registered trademark for more than five years by the registered proprietor.
  • Non-renewal of the original or previous registration of the trademark.
  • 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 statements it is known as registration obtained by fraud.
  • Inclusion or addition of certain more class or goods or services, in case it is against the business extent of the registered trademark.
  • Non-conformity with one or more grounds stipulated in 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

1

Fill in the simple checklist

2

Submission of documents

3

Drafting the application

4

Filing of the form

5

Rectification Approved

Fill in simple checklist

Our Compliance Manager will get in touch with you to obtain your documents along with simple checklist. You need to fill up the checklist & submit along with documents for processing. Our expert team will verify documents & proceed with the Trademark Rectification.

Filing of the forms

We will then submit the relevant application(s) along with the alterations required and relevant documents. After that we will prepare and fill all the relevant forms with all the details. The next step is to file the form with the Trademark Registrar along with the prescribed fees.

Rectification Approved

Once we have filed all the documents and forms with concerned trademark registrar, He will verify all the information and documents. Upon satisfying the trademark registrar may approve and modify the trademark in the trademark register as required and the process will be completed.

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FAQs On Trademark Rectification

Get answers to all your queries

  • What is rectification of a Trademark?

    Trademark rectification is a legal process of rectifying an error in trademark from the registrar of trademark authority of India.

  • What are the permissible amendments under the Trademarks Act?

    Following are the permissible amendments under the Trademarks Act:

    – Amendment/correction in the name, address or description of the registered proprietor
    – Cancel the entry of a trademark on the Register
    – Amendment of user date
    – Amendment in the specification of goods and/or services.

  • What is the effect of rectification?

    The Tribunal i.e. the Registrar or the Appellate Board, after giving a notice as well as an opportunity of being heard to the concerned parties, may either cancel, vary, add or remove the entry in question.

  • Who can file Trademark Rectification?

    – It can be filed by the owner of the trademark itself for removing the certain error.
    – It may also be filed by any other person or entity being aggrieved by such entry.

  • Which Cities do you provide your services in?

    Ebizfiling.com provides Trademark Rectification all across India. You can make Trademark Rectification in Ahmedabad, Mumbai, Pune, Bangalore, Chennai, Delhi, Kolkata, Kanpur, Nagpur, Jaipur or any other cities easily with us.

  • Have some queries?

    Our expert will help you in choosing the best suitable plan for you. Get in touch with our team to get all your queries resolved. Write to us at info@ebizfiling.com or call us @+91 9643 203 209.

Trademark Rectification

Made any error while filing your Trademark? Make correction or rectification in your trademark. Apply for rectification of trademark with EbizFiling Prices starts at INR 2499/- only

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