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Documents For Trademark Rectification

Registration

Details of rectifications requiredOriginal Trademark Registration Documents
Applicant’s identity and Address Proof

Grounds for Trademark Rectification

The trademark registration was actually created without adequate cause and the registration was acquired via fact falsehood.

The mark was registered against legal provisions of the registration act or causes confusion for the law.

Any requirement adhering to recent advancements including modifications, amendments, or changes can call for a trademark rectification.

Non-use of the registered trademark for more than 5 years post registration.

Non-renewal in due date post expiry of previous registration.

Any official data entry error on either applicant’s behalf or the registrar office.


About Trademark Rectification


Trademark rectification is a legal procedure that works with correction or rectification of the omissions and errors that occurred earlier during the trademark registration process. The Trademark Registration Act of India, 1999 provides a scope for rectification in the TM register that has been wrongly registered or extended past the renewal phase without being renewed by the applicant. Trademark rectification can also be registered if it is legally proved that the said trademark was previously registered without the bonafide intention of being used by the owner. Secondly, if the said trademark hasn’t been in continuous use for more than 5 years from the date of registration, a rectification registration can be filed.

  • Basic Package
  • 4899 __
  • Drafting and filing of rectification for applications marked + Formalities Check Fail by Trademark Examiner. Exclusive pricing for trademark applications filed by Vyapar Filings. Inclusive of government fee and GST.
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  • Standard Package
  • 6899 __
  • Drafting and filing of rectification for applications marked+ Formalities Check Fail by Trademark Examiner with fresh Form-TM-O. For trademark applications filed by third-parties. Inclusive of government fee and GST.
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  • Premium Package
  • 8899 __
  • Drafting and filing of reply for objection raised by Trademark Examiner along with trademark rectification. Inclusive of government fee and GST .
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Frequently Asked Questions
Are rectification/cancellation proceedings available under Indian law? If yes, what are the grounds on which such an action can be filed ?

Yes, the Indian Trademark Act provides for rectification/cancellation proceedings. Broadly, the grounds available are as follows;
1. The mark was not distinctive at the time of its registration.
2. The mark conflicts with an already existing mark.
3. Use of the mark is likely to cause confusion and deception amongst trade and public.
4. There is no bona fide intention to use the mark.
5. There has been no use of the mark for a period of 5 years.

Who can initiate rectification/cancellation proceedings?

Only a ‘person aggrieved’ can initiate the rectification/cancellation proceedings. A ‘person aggrieved’ implies any party whose trading interests are affected by the presence of the registration on the register.

Out of the five (5) Trademarks Registries in India where can I file rectification/ cancellation proceedings?

Rectification/cancellation applications can only be filed at the Trademark Registry (Ahmedabad, Chennai, Delhi, Kolkata or Mumbai) where the trademark was originally filed for attaining its registration.

What is the procedure followed by the TMR for cancellation/rectification proceedings?

On receipt of the application for rectification, official fees and statement of case the Registrar serves the application and the statement of case upon the Registered Proprietor calling upon it to file a Counter Statement (CS). Once the CS is filed, the matter reaches the evidence stage and the parties are required to file their respective evidence in the form of an affidavit/s deposed by their concerned authorised officer/s. Subsequent to both the parties having filed their respective evidence, the matter is set down for a final hearing giving both parties opportunity to make oral submissions on merits and the order is made in due course.

Is the Order passed by the Registrar appealable?

Yes, the Order from the Registrar is appealable before the Intellectual Property Appellate Board (IPAB). Appeals can be filed within 3 months from the date such an Order is communicated.


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