Rectify Your Trademark
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WHAT IS TRADEMARK RECTIFICATION?
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 RECTIFIED?
FORMS TO BE FILED?
- 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.
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
Provide the required business details and information to our web portal.
Choose a package and pay online with different payment modes available.
On placing an order, your application will be assigned to one of our dedicated professionals.
Our professional will draft the application.
Our team will fill the form after verfiying all documents.
At last now your recfication is approved.
INBOX NOW COMPLETE LIST OF DOCUMENT REQUIRED
Plans And Pakeges
Basic
Rs.5499
Plus taxes
- Company Name Approval
- Certificate of Incorporation
- Current Bank Account*
- PAN
- TAN
- 2 DIN
- eMOA
- eAOA
- (2 Indian Directors, 2 Shareholders and Authorised Capital of Rs. 1,00,000)
Standard
Rs. 7499
Plus taxes
- Company Name Approval
- Certificate of Incorporation
- Commencement of Business
- Current Bank Account*
- PAN
- TAN
- 2 DIN
- eMOA
- eAOA
- PF Registration
- ESI Registration
- GST Registration
- GST Invoice software
- Documentation Kit
Premium
Rs. 11499
Plus taxes
- Company Name Approval
- Certificate of Incorporation
- Commencement of Business
- Current Bank Account*
- PAN
- TAN
- 2 DIN
- eMOA
- eAOA
- PF Registration
- ESI Registration
- GST Registration
- GST Invoice software
- Documentation Kit
- Website**
- Online Payment Gateway
- (2 Indian Directors, 2 Shareholders, and Authorised Capital of Rs. 1,00,000)
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Frequently Asked Questions
Q. 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.
Q. 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.
Q. 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.
Q. 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.
Q. Will you provide this service in my town?
Yes Incorpadvisor is an online platform serving all over India no matters wherever you are doing business all you need is internet connection on your mobile or desktop and we are ready to get your job done.
Q. Do I need to physically present for the process?
No, You don’t need to be physically present for the process, Incorpadvisor is an online catering platform all you need is an internet connection in your phone/computer and the required documents with you and we can get the job done no matters even if you are present at the remotest location of India.
Still have questions?
I you can’t find answers to your questions in our FAQ section, you can always contact us. We will get back to you shortly.
