Trademark Rectification
Trademark rectification is the legal process of correcting or amending errors in the trademark register. It can be filed by the trademark owner or any aggrieved party to remove, update, or cancel a wrongly registered trademark. The rectification ensures the accuracy and validity of entries in the trademark register.
Easy My Tax - Trademark Rectification
Trademark rectification is the legal process to correct any mistakes or remove wrongly registered trademarks from the official trademark register in India. It is required when errors are made during application, or when a trademark is not in use for a long time. This process is governed by the Trademark Act, 1999.
Reasons for Rectification
Rectification may be needed due to:
- Mistakes in the trademark application (wrong name, address, etc.)
- Incorrect details like class or description of the trademark
- Wrong information provided during registration
- Changes in the applicant’s details (like updated address)
- Trademark not used for over 5 years and 3 months
- An affected party files a request for correction or removal
- Other valid reasons accepted by the Registrar
Who Can File for Trademark Rectification
- Trademark Owner – If there are errors in their own registered trademark
- Aggrieved Person – Anyone affected by the wrongly registered trademark
- Third Party – Any other person or business who believes the trademark is harmful or wrongly registered
Forms Used for Rectification
- Form TM-16 – For correction by the trademark owner
- Form TM-M – Used when the Registrar initiates the correction
- Form TM-26 – For rectification by an aggrieved third party
Trademark Rectification Process
- Application Drafting – Prepare and draft a rectification application with complete details
- Form Filing – Submit the appropriate form with the prescribed government fee
- Document Submission – Submit required documents like identity proof, PAN, and evidence of the mistake
- Verification – Registrar verifies the documents and reasons for rectification
- Notice Issued – Trademark holder may receive a notice and must respond
- Hearing (if required) – Registrar or officer may hear both parties before making a decision
- Final Decision – Registrar may approve rectification, correction, or cancellation of the trademark
Consequences of Trademark Rectification
If the trademark is found to be invalid, unused, or wrongly registered, it may be removed from the register. A valid and updated trademark ensures better protection and avoids future legal issues.
How Easy My Tax Can Help
At Easy My Tax, we make trademark rectification simple and stress-free:
- Expert help to prepare and file your rectification application
- Assistance with gathering and submitting all necessary documents
- Full support in responding to notices and during hearings
- Affordable service with transparent updates on your application status
Whether you are a trademark owner or an aggrieved party, our legal team at Easy My Tax will guide you through every step to ensure that your trademark rights are protected and corrected as needed.
