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Correct inaccuracies or errors in your trademark registration efficiently. LegalDhara provides end-to-end assistance in filing for rectification with the Registrar, ensuring your trademark remains accurate and compliant with legal requirements.
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Trademark Rectification
Correct inaccuracies or errors in your trademark registration efficiently. LegalDhara provides end-to-end assistance in filing for rectification with the Registrar, ensuring your trademark remains accurate and compliant with legal requirements.
Overview
A trademark is a distinct symbol or emblem that sets one product apart, akin to an individual's unique birthmark. To establish the trademark's uniqueness and exclusivity, it must be registered according to the regulations outlined in the Trademark Act and Rules.
When applying for a trademark or even after its registration, if the applicant discovers minor errors or deems alterations necessary, they can initiate a rectification of trademark process with the Registrar to address these issues. At LegalDhara, we offer comprehensive Trademark Rectification services to guide clients through this vital aspect of trademark management.
Trademark Rectification involves correcting errors or omissions in the trademark register that occur after the initial registration. This process addresses situations where a trademark may have been erroneously registered or remains on the register even after expiration.
According to Section 57 of the Trademark Act of 1999, any individual associated with trademark registration or adversely affected has the right to seek rectification. In some cases, rectification can result in cancellation of the trademark registration; hence, this process must be approached carefully.
Important Note
Trademark rectification must be approached carefully as it can result in cancellation of the trademark registration in some cases. Ensure all information is accurate and consult with legal experts before proceeding.
Reasons for Trademark Rectification
Errors in the Application Form
Inaccuracies in the application such as incorrect address or contact information.
Incorrect Information on Trademark Details
Errors in the trademark's class, description, or design.
Inaccurate Information at Registration
Mistakes made during the initial registration process.
Updates to Application Information
Changes in applicant's information or address.
Non-Use After Five Years and Three Months
Trademarks unused for this period may be removed from the register.
Registrar-Approved Grounds
Grounds for rectification approved by the Registrar.
Aggrieved Party's Application
When an aggrieved party applies for rectification or removal based on valid grounds.
Who Can File a Trademark Rectification Application?
Person Aggrieved
Any individual affected by the registration or similarity of a mark can initiate rectification.
Trademark Holder
The trademark proprietor can file for rectification to correct their own trademark information.
Third Party
Any third party distinct from the trademark holder can initiate rectification if the trademark causes public or societal confusion.
Forms for Rectification of Trademark
TM-16
For correction or cancellation requested by the trademark proprietor.
TM-M
When rectification or cancellation is initiated by the Registrar.
TM-26
When rectification or cancellation is initiated by an aggrieved party.
Jurisdiction for Trademark Rectification Applications in India
Applications are filed with the appropriate authority — Trademark Registry, Appellate Board, or Tribunal — depending on the case.
Generally, applications are filed at the office where the original registration application was submitted.
Trademark Offices handling jurisdictional matters
Mumbai, Chennai, Kolkata, Delhi, Ahmedabad.
The Trademark Rectification Process
Drafting of Application
Carefully draft the rectification application including all necessary details.
Form Filing
Submit the rectification form to the Registrar with prescribed fees.
Document Submission
Attach required documents such as ID proof, address proof, and supporting evidence.
Document Verification
Authorities verify the documents before proceeding.
Final Order
Registrar or Appellate Court issues an order for rectification, addition, or removal after review.
Process for Rectification Initiated by an Aggrieved Person
Filing for Rectification
The aggrieved person files Form TM–26 with reasons and fees.
Notice to Trademark Holder
Registrar issues notice prompting counter statement from the trademark owner.
Affidavits and Evidence
Both parties submit affidavits and relevant evidence.
Verification and Decision
Registrar or Appellate Board reviews the submissions and issues the final order.
Consequences of Trademark Rectification
A trademark can be removed from the register after due process if found unused or inaccurate.
Marks unused for five years or not genuinely utilized for over three years may be deleted.
Maintaining accurate and up-to-date trademark information prevents removal or cancellation.
Why Choose LegalDhara for Trademark Rectification?
Comprehensive Legal Support
End-to-end handling of rectification filings and follow-ups.
Simplified Legal Process
Clear, step-by-step assistance throughout the rectification procedure.
Expert Guidance
Dedicated team of IP experts to handle all queries.
Reliable and Transparent
Real-time tracking and progress updates for every client.
Client-Centric Approach
Easy, digital-first experience ensuring efficiency and compliance.
Key Trademark Offices in India
Mumbai
Chennai
Kolkata
Delhi
Ahmedabad
Our Trademark Rectification Expertise
Legal Expertise
Specialized IP attorneys with extensive trademark law experience
Timely Filing
Quick and efficient submission of all required documentation
Success Rate
High success rate in trademark rectification applications
File a Trademark Rectification Application ?
Get expert legal assistance to correct errors in your trademark registration. Ensure your brand remains protected and compliant.