Online Trademark Rectification Process In India

Trademark Rectification

A business or an entity having a Trademark Registration is in the possession of an intellectual intangible property which protects the entity’s investment in the brand logo. Having a Registered Trademark of a brand distinguishes its products and services from the similar products and services of some other company. To ensure unique identity of your business, Trademark Registration has to be filed with Trademarks Registrar. If the application passes all the checks without concerns, then Trademarks Registrar allows you to advertise the Trademark before registration so as to check for any objections.

However, if the documents are not complete, or, the logo / symbol is offensive, generic, deceptive, or similar to already registered trademark, then the Examiner may raise concerns and mark the trademark application as ‘Formalities Chk Fail’ requesting rectification of application. In such case, the applicant has the opportunity to rectify and resubmit the application with facts and reasons for allowing further processing of the trademark application. If the examiner finds the rectification deed sufficient and satisfying, then the trademark application is allowed to undergo further processing.

The Trademark Rectification requires a professional approach; hence Jain Divya & Associates can help you prepare the rectification deed with precise reasons and facts. With our experience outlook, we will help you rectify the trademark application and get your company the trademark registration. Get in touch with us to know more about the Trademark related compliances.

Proceedings of Trademark Rectification

• With our experience and knowledge, we will understand the reasons and concerns raised by the Examiner subjecting to the halt of the application.
• Based on our understanding and nature of concern, the rectification deed and application is prepared by us.
• Once you sign the documents, Trademark rectification is filed with Trademark Registrar for further processing.

Cases that Need Trademark Rectification

• Insufficiency of documents.
• Trademark is wrongly registered.
• Trademark remains registered even after expiry.
• Trademark is not in use by proprietor for more than 5 years.
• The symbol or logo causes confusion.
• The registration is obtained through forgery or fraudulent means.
• On non-renewal of registered trademark.
• Non-confirmity on the ground stipulated in Trademarks Act 1999.

It is to be clarified that filing Trademark Rectification does not guarantee proceedings for trademark registration. Jain Divya & Associates with team give our best shot at preparing the rectification application with our experience by addressing the concerns, but the responsibility and decision of issuing Trademark Registration lies solely in the hands of Trademark Registrar. It is also highly recommended to continually check the status after filing Trademark Rectification as to stay updated about the required actions until registration.