How to File for Trademark Rectification?

Trademark Rectification can be filed in India on the grounds of contravention or failure to obtain a trademark already existing in the register or if there is an error in the registration of a trademark. below is a brief on how you can file for a trademark rectification.

Trademark rectification is a legal procedure through which a proprietor or a company can rectify a mistake or omission that might have been made while filing a trademark. The rectification can be made for changing the details of the trademark that have been recorded with the registrar in his register.

Who Can File Trademark Rectification?

The aggrieved party can file trademark rectification with the Indian Trademark Office (ITO) after as well as during the trademark registration.

Grounds to File Trademark rectification

The most common grounds to file an application of trademark rectification are:

  • For making changes in the trademark that has been filed by the proprietor for registration.
  • When trademark application status is changed to Formality check fail you can file trademark rectification application for it.
  • To make an alteration in an already registered mark
  • Inclusion or exclusion of goods and services mentioned in the particular class

Procedure to File Trademark Rectification

Both registered and unregistered marks can be rectified with the prescribed form:

For Unregistered Marks

Unregistered mark can be rectified through Form TM-M which is filed under section 37 of the trademarks act. The proprietor needs to provide the prescribed fee along with the form and if he is not filing the form himself, he also needs to provide POA to certify the agent or attorney to file on his behalf.

For Registered Marks

Registered marks can be rectified through form TM-M that is filed under section 57 of the trademarks act. The application for rectification under such case has to be filed with the registrar along with the statement of the case.

Once the registrar receives the rectification application, he serves a notice to the proprietor to provide a counter statement and after that, the hearing of the matter is transferred to the hearing stage. The evidence regarding the rectification has to be filed in the form of an affidavit.

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