Trademark registration is a kind of intellectual property protection. Under this a visual symbol or word used by a business in order to make its products or services distinct from other similar products or services of a different business. A trademark application should be filed by the applicant with the associated trade mark registrar in the approved format in order to register a trademark. As soon as a trademark application is filed, the trade marks registrar will process the application. If any concerns are encountered on the trademark application, the examiner would mark the application and request correction of the trademark application. Once the application will be accurate, the trademark examiner could also permit for the trademark application to be advertised before registration. However he / she can raise an objection for registration.
Therefore, if the Trade Mark Registrar marks the application as imperfect, the applicant will get a chance to edit and resubmit the application of trademark. The deed of rectification to the trademark examiners note must be made depending on the facts and reasons as to why the mark was not approved for further processing. If the trademark examiner considers the rectification adequate and all the concerns raised by him/her have been addressed, application is permitted to be processed and marked for inspection by a trademark examiner in order to generate trademark examination report.
One Click Business Solutions is the top business services provider in India, offering a variety of services like company registration, tax registration, tax filing, trademark filing and others. We at One Click Business Solutions can help you modify an existing application for trademark. Approximately 5 to 10 working days are required to make and file a trademark rectification depending on document submission by client and government processing time. If you have any query, feel free to contact us on email or telephone.
It's important that an expert edit the trademark application and respond to the concerns indicated by a Trademark Examiner. While addressing all the concerns of the trademark examiner, only an experienced professional can help performing successful trademark registration by accurate filing.
However no guarantee is there regarding registration of the trademark after filing a trademark rectification. Trademark registration includes a procedure and registration is offered only by the trademark registrar depending on the facts and grounds of cases. Therefore we give the best efforts while addressing the concerns of the Trademark Registrar with our wide experience and expertise.
Once filing of a trademark rectification is done, it is important to check the status of the trademark application periodically until it is processing on the Government side. Trademark registration needs a variety of time-bound action from the applicant. Thus it's important to check the status of the application frequently and take necessary action until registration.
Trade Mark Journal is known as an official gazette of the Trade Marks Registry. If the Trademark Examiner considers that the application can be accepted, trademark advertisement will take place in the Trademark Journal. While the application is advertised, third-parties will get a chance to oppose the trademark registration.
According to the Trademark Act, any individual can file notice of opposition against a trademark application within 4 months since the date on which the trademark advertisement or re-advertisement took place in the Trademark Journal. As soon as the notice of opposition is obtained, the application is needed to file and send a counter statement to the Registrar within 2 months.
Making any changes or refinements regarding any registered trademark/service mark, according to the most up-to-date information
Non-use of any registered trademark for more than 5 years by the registered proprietor
Non-renewal of the original or prior registration of the trademark
Addition or inclusion of certain more products or services to the business and range of the registered trademark
Addition or inclusion of certain more products or services to the business and range of the registered trademark
Deviate to any or more grounds mentioned in the Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
The application for trademark rectification or cancellation must be filed with the associate Registrar of Trade Marks or with the Intellectual Property Appellate Board (IPAB). The process for trademark rectification in India includes the following essential needs :
The application form used for trademark rectification or cancellation, should be filed in triplicate. This includes Form TM-26, or the Form TM-43 (meant for the collective or certification marks).
A clear statement of reasons, related with the application
Proofs for supporting rectification or cancellation of the particular trademark
One Click Business Solutions possesses well-informed professionals to offer proficient service for trademark rectification and cancellation in India. We have experienced and energetic trademark lawyers to offer premium quality services for all tasks related with registration, maintenance, and protection of trademarks in India.
Yes, the trademark law in India offers a chance to the applicant of a trademark to correct an application only for minor modifications and not for changes that affect the identity of the trademark or the goods or services included by the application. The correction can be accomplished before or after registration of the trademark application.
Following are the permissible rectifications according to the Trademarks Act :
Correction in the name, address or description of the registered owner
Cancellation of a trademark on the Register
Alteration of user date
Modification in the pattern of products and/or services
A trademark may have been incorrectly registered or it exists on the register by mistake. In such cases the Act includes certain provisions for rectification of the register. Any individual disappointed for incorrectly made or mistakenly remaining on the register of trademark, can file a petition for :
Correction of the Trademark in the Register
Cancellation of Registration or removal of the registered trademark
