Trademark Rectification

Trademark rectification refers to the process of correcting or amending errors or inaccuracies in a registered trademark. The applicant has the chance to make corrections and resubmit the trademark application if the Trade Mark Registrar stamps the application as "Formalities Check Fail" or "Send Back to EDP". The details and justifications for why the mark was denied further processing must be used to create the rectification deed to the Trademark Examiner's notice. The application is permitted to be processed and marked for examination by a Trademark Examiner for the purpose of creating the Trademark Examination Report if the Trademark Examiner finds the rectification sufficient and answers all the issues highlighted by him or her.

The Trademarks Registrar will handle the processing of a trademark application after it is submitted. The Examiner would mark the application as "Formalities Check Fail" and request rectification if there were any issues that were found in the Trademark Application. The Trademark Examiner may also permit the trademark application to be marketed prior to registration if there are no objections or may object to registration if there are. The Trade Marks Registry publishes Trade Mark Journal on a regular basis.

Hence, in cases wherein the Trade Mark Registrar marks the application as “Formalities Check Fail” or “Send Back to EDP”, the applicant has an opportunity to rectify and resubmit the trademark application. The details and justifications for why the mark was denied further processing must be used to create the rectification deed to the Trademark Examiner's notice. The application is permitted to be processed and marked for examination by a Trademark Examiner for the purpose of creating the Trademark Examination Report if the Trademark Examiner finds the rectification sufficient and answers all the issues highlighted by him or her.

Depending on the jurisdiction and the required remedy, different procedures may apply for trademark rectification. The trademark holder or their legal agent will frequently need to submit an application or request to the pertinent trademark office or authority, along with the required paperwork and supporting proof, to show that the trademark needs to be corrected. Usually, the procedure includes making payments and meeting deadlines.

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After the application of rectification is filed, the applicant is given the chance to be heard and may, as a result, expel, drop, or correct the trademark entry in the registration.

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Section 57 of the Trademarks Act of 1999 lists the grounds for correction:

Contravention or Failure: If it appears that the registered trademark owner has violated the terms of the register, the registration may be corrected.

Absence or omission: A correction will be made when the registrar omitted an entry or committed fraud during the registration procedure.

Non-payment of the registration fee: This must be fixed if it is discovered that the registration fee was not paid.

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Permitted Alterations:

If rectification does not alter the nature of the application.

Rectifications include changing the applicant's or the service's address, excluding a specific item from the description of the products or services, restricting sales of the goods or services, or dividing a multiclass application are all acceptable.

After verifying the pertinent document, the trademark officer may make a change in the system along with the appropriate remarks in the event of a change brought on by a clerical error in details feeding.

The registry has the authority to order revisions to applications submitted following its review.

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Non-permitted changes

Change of word mark, Logo and its colour specification.

Change in User Date claimed.

Change of type of trademark.

Change in class of trademark.

Change in trade description of mark.

Following documents of all parties are required:

• Passport Photo
• PAN Card
• Aadhaar Card
• Utility Bill of Electricity or Telephone
• Address Proof