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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
How do we work?
  1. Upload your details and make payment
  2. Get a call from TM expert.
  3. Expert will analyze and examine and make a report.
  4. Drafting of Opposition done.
  5. Expert will send you the draft for approval.
  6. Congratulations! Your Trademark Opposition has been successfully applied.

Documents Required

Details of the Applicant

Name, Address, Nationality of the applicant

Corporate body/other entity need to provide with a registration certificate

Power of Attorney

A candidate must sign the power of attorney rightfully if they are registering for Trademark Renewal through any advocate or legal firm.

Affidavit

Affidavit with the basic information about the trademark and its user data and proof of use.

Affidavit

Name

Basic grounds( for filing the opposition)

Benefits from the Service

Limit one from the creation of the brand

It is very crucial to limit one from the creation of a brand and also acquire the approval of Registration of Trademark because a brand value, popularity plays a key role.

Identical Trademark is banned

It remains very beneficial for the Trademark Owner to stop/ban any similar/identical trademark user which can hinder/dilute a reputation of a brand in future.

Clear Confusion

It is also beneficial towards the consumers because in a way it clears the confusion surrounding a brand.

Key Factors / Important Points
  • Rule 44 of the Trademark Rules, 2017 states that an applicant can further file a counter statement in Form TM-O within 2 months.
  • On failure of filing the counter-statement by the applicant, the Registrar will take down the form and won’t approve it for the registers.
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