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Updated on 25 Sep 2020 9.00 AM IST | 4 min read
Trademark rectification is the process of rectifying and resubmitting the trademark application to the trademark examiner.
Once a trademark application is filed by the applicant to the trademark registrar, registrar processes the application and sends it to the examiner. Examiner analyses the application and in case of any concern, he or she marks the application as formalities check fail and request for rectification. In such case, applicant given an opportunity to rectify and resubmit the trademark application. In response to the trademark examiner note, you need to prepare the rectification deed based on the facts & reasons as why the trademark application was not forwarded for further processing. If there is no concern found on the trademark application, trademark examiner prepares the examination report and allows the trademark application to advertise in the trademark journal.
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Important Aspects of Filing Trademark Rectification
The important aspects of filing trademark rectification are as follows –
- Trademark Journal – Trademark journal is an official gazette of the trademark registry. If the examiner thinks that this trademark can be granted registration, he prepares the examination report and the application is advertised in the trademark journal.
- Professional answer – In today’s world, it is very important to take advice from professionals or expert personnel. Therefore, it is important to communicate with experts and discuss with them the reason of raising a trademark rectification and its future course of action. Discussions with experienced professionals will improve the chances of your trademark application to be accepted by the examiner next time.
- Timeline – Timeline is also one of the most important aspects of filing trademark rectification. After filing the trademark rectification, it is very important for you to check the status of your application regularly until it is fully processed from the government side. Sometimes, the application requires action from the applicant side.
- Trademark Rectification – As per the trademark act, once you rectify & resubmit the trademark application, it is processed by the examiner by preparing the examination report and the same is published and advertised in the trademark journal. Any person from the public can file a trademark opposition against the advertised trademark within a period of 4 months from the date on which the trademark application advertised in the trademark journal. After receiving the opposition notice, counter statement should be filed in response to the registrar within 2 months.
Grounds for filing an application for Trademark Rectification or Cancellation
Application for trademark rectification or cancellation can be filed in the following cases –
- In case of any change, amendment or modification in relation to any registered trademark.
- If the mark is wrongly stayed on the register and creates confusion or against some legal provisions of the trademark act.
- If the registered trademark is not used by the registered proprietor for more than 5 years.
- Non-renewal of the trademark registration (Either previous or original)
- If the trademark registration is done by misrepresentation of facts (similar to any earlier registered mark) or without a valid reason.
- If the trademark registration is done by suppression of material fact or false statement known as fraud.
- Non-conformity to the laws mentioned in Section 9 & Section 11 of Indian trademark act, 1999.
- Addition of some class or goods or services in case it is against to the business extent of the registered trademark.
Procedure of Trademark Rectification in India
The procedure for trademark rectification is as follows –
- In the first step, the application of trademark rectification should be filed in the prescribed form.
- The submitted application must include statement of case and should be filed along with a prescribed fee to the registrar.
- After receiving the application, registrar issues a notice to the proprietor to file a counter statement
- Once the counter statement is filed by the proprietor, both the parties need to file their evidences in the form of affidavit.
- Hearing takes place in the last step and the order is passed or declined for rectification.
How Finacbooks help with Trademark Rectification?
Finacbooks is a leading Indian platform having more than 10 years of experience in helping individuals or entities in rectifying and resubmitting the trademark application at the best possible price. We will guide you through the entire process of trademark rectification. To avail the best deals on Trademark rectification, kindly call us at 8800221252 or you can also e-mail us at email@example.com
Trademark Rectification FAQ’S