Rectification of Registered Trademark – What To Know
Have you made any errors while filing your online trademark registration? No more worries, when you have the support of experts at Muthirai. We can help you in rectifying the errors or any omissions that you have made in the registration of trademarks. However, we want you to know the procedures behind the process and how we do it.
It is a legal process in which rectifying an error takes place in a trademark from the registrar of trademark authority in India. The trademark rectification process not only involves the correction of errors but also you can make any changes or alterations want to do in the trademark application.
What are the grounds for rectification?
When you apply for trademark online or while posting the registration, if realized that there are some minor errors or alterations, then you have to file for rectification with the Registrar of trademarks.
- To change the details of the applicant including his address or contact information or any other details
- In order to rectify any errors in the application
- To make changes in the description/classification of goods or services
- Any error information with the entry in the register of the trademark registrar.
- For trademark class change
- To change the design or mark or any content of the mark
- All other relevant grounds as prescribed by the registrar
Where do you have to file for trademark rectification?
You can file a Trademark Rectification application before the Trademark Registry or the Tribunal that has given an order regarding the rectification. In most cases, Trademark Rectification applications can be filed in the trademark office where the trademark application is originally filed for registration.
Trademark Rectification proceedings
- Carefully draft the application with all relevant and proper information for rectification
- File your form with the Trademark Registrar
- Submit the required documents
- Verification of documents will be done
- After hearing from both parties, as well as after rectifying the evidence, an order will be passed to rectify or alter the trademark register.
Have trademark rectification/ alteration without any hassle through Muthirai.
Frequently Asked Questions
A trademark hearing ensures the validity and protection of your trademark application in India.
You can request a trademark hearing in India by filing a Form TM-M and paying the prescribed fee.
Required documents typically include evidence, affidavits, and power of authorization.
You can represent yourself, but it's advisable to hire a qualified trademark attorney
The duration varies, but it may take several months to complete the process.
During a trademark hearing, evidence and arguments are presented to the registrar.
The decision is based on the merits of the case and applicable trademark laws.
Outcomes may include approval, rejection, or requests for modifications.
Yes, you can appeal the decision to the Intellectual Property Appellate Board (IPAB).
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