Trademark Rectification

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 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, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.

 TRADEMARK RECTIFICATION

Basic Concept

Once trademark application is filed, Trademarks Registrar will process the application. In case of any concerns those are noted in the Trademark Application, the Examiner would mark the application as “Formalities Check Fail” and request rectification thereof. 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 Check 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, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.

Important Concerns in Trademark Rectification

1. Professional handling: It's important that a professional rectify the trademark application for rectification. An experienced professional can help significantly improve chances of successful trademark registration by filing a professional skills, addressing all the concerns of the Trademark Examiner or officer.

2. No Guarantee: Trademark Rectification is a process and facility provided only by the Trademark Registrar - based on the facts and genuineness of each case. Hence, our professionals can only make best efforts for addressing the concerns of the Trademark Rectification based on experience and expertise.

3. Timeline: After filing of a Trademark Application / Rectification, it is important to periodically check the status of the trademark application until its processed on the Government side. Trademark rectification sometimes requires various time-bound responses or actions from the Applicant. Hence, it's important to continually check the status of the Application and take required action until its acceptance.​​​​​​

4. Trademark Journal: 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.

What is the process for Trademark Rectification ?

Step 1: Generate online enquiry on our website

Step 2: Our expert will provide you with the instructions as to how to proceed

Step 3: Fill up the checklist of documents and provide necessary documents to us

Step 4: We will start the preparing documents for rectification and provide you with the submission receipt.

What you will receive in Trademark Rectification package?

1. Expert consultancy.

2. Complete end to end documentation.

3. Professional approach in preparing and submission of rectification application.

4. Payment of Govt. fees.

5. Certifying and submission of application.

Under the Trade Marks Act, what changes or rectifications are allowed ?

1. The amendment does not alter the use;

2. The date of usage is not altered;​​​​​​​

3. Details regarding goods and services must not change with the amendment.

Permitted Alterations:

• If rectification do not alter the nature of the application.

• Rectification like change in address of the applicant or in the service address, confinement of any item in the specification of goods / services, limitation in sales of goods / services, division of multiclass application is permitted.

• In case of change due to an clerical mistake in details feeding, the trademark officer after verification of relevant document may make a change in the system along with the remarks to this effect.

• The registry may direct for the amendments in application filed after its examination.

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.

How we help with filing trademark rectification ?​​​​​​​

1. Expertise:

we have experienced trademark lawyers who will understand the nature and reason for objection or opposition and deal with it accordingly.

2. Preparation:

Based on the nature of objection or opposition, a reply notice or filing will be prepared by the trademark lawyer.​​​​​​​

3. Filing:

Once the documents are signed, it is filed with the Trademark Registrar to complete the objection handling engagement.