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Trademark Rectification
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 as recorded in the trademark register, after the trademark registration. A mark 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. An aggrieved person implies a person whose trading interests are affected by the presence of the entry in the register.
Trademark rectification can be classified as follows:
- Error in the details of the trademark such as class, description, classification, and design.
- The registrar can also order rectification when an aggrieved person makes an application for rectification or removal
- Any other grounds prescribed and accepted by the Registrar.
- Error in the application form like the wrong address or contact details.
- Removal of the trademark when not in use for five years and three months.
The process for application for rectification
- 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.
Class Selection: The goods and services here are classified into 45 different sectors. Each sector is referred to as a class. Every logo or brand name is to be registered under the appropriate class at the time of application.
Time duration
It will depend on department approval.
Cost involved
Get File Your Trademark Rectification on 999/- Only (Excluding Govt. fees).
Enquiry Person Details
Trademark/Copyright
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