Set up a sole Trademark Rectification

  • Drafting and filing of rectification for applications marked Formalities Check Fail by Trademark Examiner. Exclusive pricing for trademark applications filed by Compliance Gurukul. Inclusive of government fee and service tax.

75,000+ objections handled since 2011

Trademark Rectification

Register Trademark Rectification Firm Online through Compliance Gurukul

You can easily complete Trademark Rectification firm registration online through Compliance Gurukul. For a sole Trademark Rectification registration, only the PAN & Aadhaar card of the business owner is required. We can help you obtain the following registrations in less than 15 days:

  • GST Registration
  • Zero-Balance Business Current Account with Compliance Gurukul Software

Once, you have registered for the Trademark Rectification firm registration online on Compliance Gurukul, please follow the steps below and upload the following documents by logging into Compliance Gurukul Software.

  • Step 1: Login to LEDGERS using the email address for payment.
  • Step 2: Go to Services Tab & Select Trademark Rectification Engagement
  • Step 3: Upload your PAN & Aadhar Card Copy
  • Step 4: An Compliance Gurukul Registration Expert will file the registration application with GST Department and Bank for Current Account.
  • Step 5: Access to Compliance Gurukul Software is for GST invoicing, GST filing and other services.

Trademark Rectification

A trademark is a distinct symbol or emblem that sets one product apart, akin to an individual's unique birthmark. To establish the trademark's uniqueness and exclusivity, it must be registered by the regulations outlined in the Trademark Act and Rules. When applying for a trademark or even after its registration, if the applicant discovers minor errors or deems alterations necessary, they can initiate a rectification process with the Registrar to address these issues. At Compliance Gurukul, we offer comprehensive Trademark Rectification services to guide clients through this vital aspect of trademark management.

Trademark Rectification

Trademark Rectification involves correcting errors or omissions in the trademark register that occur after the initial registration of trademarks. This process addresses situations where a trademark may have been erroneously registered or remains in the register even after expiration. Such cases necessitate rectification, and the Indian Trademark Act contains provisions for this purpose. Chapter 7 of the Trademark Act of 1999 outlines these rectification provisions.

According to Section 57 of the Act, any individual associated with trademark registration or adversely affected has the right to seek rectification. It's important to note that not all situations are eligible for rectification, and in some cases, rectification can result in the cancellation of the trademark registration. Therefore, this process should be approached with caution.

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Reasons for trademark rectification

  • Errors in the Application Form: This includes instances of inaccuracies in the application form submitted for trademark registration, such as providing the wrong address or contact information.
  • Incorrect Information on Trademark Details: Rectification may be necessary when there are errors or inaccuracies in the information related to the trademark's class, description, classification, or design.
  • Inaccurate Information at Registration: Situations may arise where the information provided during the initial registration of the trademark was incorrect, requiring rectification.
  • Updates to Application Information: Changes in application details, such as alterations to the applicant's information or address, can also necessitate rectification.
  • Non-Use After Five Years and Three Months: Trademarks that have not been used for five years and three months may become eligible for removal from the trademark register.
  • Non-Use After Five Years and Three Months: Trademarks that have not been used for five years and three months may become eligible for removal from the trademark register.
  • Registrar-Approved Grounds: Any additional grounds for rectification that the Registrar has approved and prescribed as valid reasons for rectification.
  • Aggrieved Party's Application: In cases where an aggrieved party applies for rectification or removal of a trademark, the Registrar may issue an order for rectification based on the application's merits.

Timelines

A sole Trademark Rectification firm registration can normally be done in India through Compliance Gurukul in max 2 weeks. However, the timelines for registration will vary from case to case, depending on the government and bank processing timelines.

Trademark Rectification FAQ's

Trademark rectification is a legal process used to correct errors or inaccuracies in a registered trademark, such as a spelling mistake, incorrect information, or inadequate specification of goods or services.

Common errors include spelling mistakes in the trademark, incorrect details about the trademark owner, errors in the specification of goods or services, and inaccuracies in the graphical representation of the trademark.

To initiate the trademark rectification process, you typically need to file an application with the relevant trademark office in your jurisdiction. Consult with a trademark attorney or agent for guidance through this process.

The specific documents required may vary by jurisdiction, but generally, you will need to submit an application for rectification, along with supporting documentation that demonstrates the error and the requested correction.

Typically, only the trademark owner or an authorized representative can apply for trademark rectification. This is to ensure that only legitimate parties can make changes to a registered trademark.

The cost of trademark rectification can also vary depending on your jurisdiction and the complexity of the correction required. Fees may include application filing fees and legal fees if you hire an attorney.

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