What is 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 recorded in the trademark register, after the trademark registration process.  Such Trademark 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.

Request for Amendment in Trademark Application

As per the amended rules the registered proprietor can make an application in form TM-M, to the registrar, for any correction or amendment in the trademark application.

The correction or amendment can be of the following kind:

• Correct any error or change in name, address or description of registered proprietor of trademark.
• Alteration of the address of principal place of business or residence in India.
• Cancellation of entry of trademark on the register.
• To strike out goods or classes of goods or services from those with respect to which the trademark is registered.
• To enter, alter or substitute an address of a registered proprietor or a registered user who has no place of business in India.

If the registrar thinks that such an amendment of application or correction of any error in the application is justified, he may allow such request at any time, before or after the acceptance of the application of registration. 

Forms to be filed for Trademark 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.

Grounds for filing an application for trademark rectification or cancellation

• The registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered.
• That the mark was wrongly recorded in the register in case it is against some legal provisions of the Act or likely to cause confusion.
• Making any changes, amendments, or modification in connection with any registered trademark as per the recent advancement.
• Non-use of any registered trademark for more than five years by the registered proprietor.
• Non-renewal of the original or previous registration of the trademark.
• A trademark could be expunged from the register in case registration is obtained by fraud. Particularly, where the registration has been obtained by suppression of material fact or false statements it is known as registration obtained by fraud.
• Inclusion or addition of certain more class or goods or services, in case it is against the business extent of the registered trademark.
• Non-conformity with one or more grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.

Documents Required for Trademark Rectification

• An application is to be made in triplicate on the requisite form
• A statement of case
• Identity proof
• Address proof

Trademark Rectification-Process Flow

1. Fill in the simple checklist
2. Submission of documents
3. Drafting the application
4. Filing of the form
5. Rectification Approved

Why Barrister Babu as your service provider for Trademark Rectification?

Barrister Babu is an eminent business platform and a progressive concept, which helps end-to-end incorporation, compliance, advisory and management consultancy services to clients in India and abroad. Rectification of a Trademark in India is easy, seamless, cheapest and quickest with Barrister Babu! Apart from a Trademark rectification Barrister Babu also helps you with Trademark Registration, Trademark Objection filing, Trademark Renewals, Trademark Assignment, Trademark withdrawal and Trademark opposition services.