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TRADEMARK RECTIFICATION

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Trademark registration

Trdemark Rectification

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry. In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.

If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Check Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner allows for the trademark application to be advertised before registration or raise an opposition for registration.

Hence, in cases wherein the Trade Mark Registrar marks the application as Formalities Chk 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.

CA4GLOBE is the leading business ca services platform in India, offering a variety of services like company registration, trademark filing, tax registration, tax filing and capital syndication. CA4GLOBE can help you rectify an existing trademark application. The average time taken to draft and file a trademark rectification is about 5 - 10 working days, subject to government processing time and client document submission. Get a free consultation on filing a trademark rectification by scheduling an appointment with a CA4GLOBE Advisor.

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