Trademark Rectification
Don’t let a “Formalities Check Fail” delay your trademark registration. We provide expert drafting and filing of rectification for applications with this status. Our service, which includes all government and service fees, is priced exclusively for trademark applications originally filed with FileMyFirm, ensuring a swift and cost-effective resolution to get your application back on track.
100% Legal Validity Guarantee.
Dedicated experts, compliance support.
MSME pricing, corporate bundles.
Full control, easy setup.
Two Expert Consultation Calls FREE Claim TODAY and get free Quotation
What is Trademark Rectification?
Trademark rectification is the legal process of correcting or modifying an entry in the Indian trademark register. It is initiated to address errors, omissions, or inaccuracies that may have occurred during the trademark registration process or afterward. This process is governed by Section 57 of the Trademark Act, 1999, which allows any person “aggrieved” by a trademark’s presence on the register to seek its removal, variation, or correction.
At FileMyFirm, we offer comprehensive Trademark Rectification services to guide clients through this essential aspect of trademark management, ensuring your brand information is accurate and legally sound.
Key Reasons for Trademark Rectification
A rectification of trademark may be necessary for several reasons, including:
- Errors in Application: Inaccurate information provided during the initial application, such as the wrong address, name, or contact details.
- Incorrect Trademark Details: Errors in the trademark’s class, description, or design that need to be corrected.
- Non-Use of the Trademark: If a registered trademark has not been used for a continuous period of five years and three months from its registration date, it becomes liable for removal from the register.
- Trademark Was Erroneously Registered: The mark was registered despite violating the provisions of the Trademark Act (e.g., being deceptive, generic, or similar to an existing mark).
- Changes in Applicant Details: Updates to the applicant’s name, address, or other information.
Who Can File a Rectification Application?
An application for rectification of trademark can be filed by:
- The Trademark Holder: If they discover a mistake in their own trademark details.
- An Aggrieved Person: Any individual or entity who is adversely affected by the presence of a trademark on the register. This is common in cases of potential brand confusion or infringement.
- The Registrar: The Trademark Registrar can initiate a rectification process on their own accord if they discover an error.
The Trademark Rectification Process
The process for a trademark rectification varies slightly depending on who initiates it but generally follows these steps:
- Application Drafting: The applicant (or their legal representative) drafts a detailed application, clearly stating the reasons for rectification.
- Form Filing: The application is filed with the appropriate Trademark Registry office using one of the following forms, along with the prescribed fees:
- Form TM-16: When the trademark owner initiates the rectification.
- Form TM-M: When the Registrar initiates the process.
- Form TM-26: When an aggrieved party files the application.
- Notice and Counter-Statement: If the application is filed by an aggrieved party, the Registrar sends a notice to the trademark holder, who then has the opportunity to file a counter-statement in their defense.
- Evidence and Hearing: Both parties submit affidavits and evidence to support their claims. A hearing may be scheduled to allow both sides to present their case.
- Final Order: After reviewing all documents and hearing both parties, the Registrar or the Appellate Board issues a final order, which may result in the correction, variation, removal, or cancellation of the trademark.
Why Choose FileMyFirm for Trademark Rectification?
The process of rectification of trademark can be complex and requires expert legal knowledge. FileMyFirm provides end-to-end support to ensure your case is handled efficiently and effectively:
- Expert Guidance: Our team of experienced professionals guides you through every step, from selecting the correct form to drafting your application and compiling evidence.
- Simplified Legal Requirements: We streamline the entire process, making complex legal requirements easy to understand and follow.
- Reliability and Trust: You can count on us to handle your case with the utmost professionalism and transparency, ensuring the best possible outcome.
Contact FileMyFirm today to get started with your trademark rectification and safeguard your brand’s integrity.
Frequestly asked questions ( FAQ )
Trademark rectification is the legal process of correcting or modifying an entry in the official Indian trademark register. It is governed by Section 57 of the Trademark Act, 1999, and is used to address errors, omissions, or inaccuracies that were present either during the initial registration process or arose afterward.
Rectification may be necessary for several key reasons, including:
Errors in Application: Inaccurate details (e.g., incorrect name, address, or trademark class) provided during the initial filing.
Erroneous Registration: The trademark was registered despite violating provisions of the Trademark Act (e.g., being deceptive, generic, or similar to an existing mark).
Non-Use of the Trademark: The registered mark has not been used for a continuous period of five years and three months from the date of its registration, making it liable for removal.
Changes in Applicant Details: Necessary updates to the registered owner’s name or address.
An application for rectification can be filed by three parties:
The Trademark Holder: The owner of the trademark, to correct a mistake in their own entry.
An Aggrieved Person: Any individual or entity who is negatively affected or harmed by the presence of the trademark on the register (e.g., a competitor facing brand confusion).
The Registrar: The Trademark Registrar can initiate the process on their own accord if they discover an error in the register.
The application for trademark rectification is filed with the appropriate Trademark Registry office or the Appellate Board, depending on who is initiating the process and the nature of the error.
The correct form depends on the party initiating the process:
Form TM-16: Used when the trademark owner (holder) initiates the rectification to correct an error.
Form TM-26: Used when an aggrieved party (a third party) files the application to seek cancellation or modification of a registered mark.
Form TM-M: Used when the Registrar initiates the process.
The procedure typically involves the following key steps:
Application Drafting and Filing: Filing the appropriate Form (TM-16, TM-26, or TM-M) with detailed reasons.
Notice and Counter-Statement: If filed by an aggrieved party, the Registrar issues a notice to the trademark holder, who must file a counter-statement.
Evidence Submission: Both parties submit affidavits and evidence to support their claims.
Hearing (Optional): A formal hearing may be scheduled to present arguments.
Final Order: The Registrar issues a final order resulting in the correction, variation, removal, or cancellation of the trademark entry.