Trademark Rectification

Rs.2,990.00

Plus Government Fee on Actuals

To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format.

Trademark Rectification

Price: Rs.2,990.00

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Trademark registration is a type of intellectual property protection, under which a word or visual symbol used by a business to distinguish its goods or services from other similar goods or services originating from a different business can be protected. To register a trademark, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application. If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Chk Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.

Hence, in cases wherein the Trade Mark Registrar marks the application as Formalities Chk Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, the application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.

TaxFino is the leading business services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. TaxFino can help you rectify an existing trademark application. The average time taken to draft and file a trademark rectification is about 5 – 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark rectification by scheduling an appointment with a TaxFino Expert.

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Documents

Logo
Wordmark
Name & Contact Details of Applicant
FAQ

Do you have Any Questions?

Trademark applications are distinctive to the goods or services it represents. Therefore, trademark applications are made under a “Class” of goods or service it represents. The trademark application will therefore be valid for the entire class of goods or services it represents.

To standardize the goods or services, which the trademark will represent, the Trademark Registry has a list of 45 Classes under which all types of goods and services are represented. The trademark application must mention the type of goods or services the trademark will represent under one or more of the classes, and trademark registration is granted for that specific class of goods or service.

No, trademark registered in India will be valid only in India. However, some countries use the trademark filing in India as a basis for registering the trademark in their country.

Yes, a foreign person or a foreign entity can apply for trademark registration in India.

Any person claiming to be the owner of the trademark used or proposed to be used can authorize the trademark filing. The person can be an individual, company, NGO, etc.

Trademark application can be filed with the trademark registry in a matter of 1 – 3 days. However, it will typically take 6 to 24 months for the Trademark Registry to complete their formalities and provide registration for the trademark.

The TM mark can be used along with the trademark once the trademark application is filed with the Controller General of Patents Designs and Trademarks.

The ® mark can be used once the trademark application is approved by the Controller General of Patents Designs and Trademarks and trademark registration is provided.

Registered trademarks are valid for 10 years from date of filing. Prior to the end of the validity, the trademark owner can file for renewal to keep the trademark protection current.

Filing a trademark rectification does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar – based on the facts and premises of each case. Hence, our professionals can only make best efforts for addressing the concerns of the Trademark Registrar based on experience and expertise.

Trade Mark Journal is an official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, the trademark is advertised in the Trademark Journal. While the application is advertised, third-parties have an opportunity to oppose the registration of the mark.

If Trade Mark Registrar raises an objection for registration of a Trademark, the applicant has an opportunity to submit a written reply for the objection raised within the stipulated period of 30 days from the date of the receipt of the Examination Report. The reply to the Trademark Examination Report should contain reasons, facts and evidences as to why the mark should be registered in favor of the applicant along with supporting evidence, if any.

As per the Trademark Act, any person can file notice of opposition against a trademark application within a period of four months from the date on which the mark is advertised or re-advertised in the Trademark Journal. After receiving the notice of opposition, the application is required to file send a counter statement to the Registrar within two months.

Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.

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