Trademark Rectification

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Frequently Asked Qustion

Is amendment in Trademark application allowed under the Trademarks Act?
What is cancellation of a Trademark?
What is the effect of rectification?
Who can file for rectification/cancellation proceedings?

Trademark Rectification

Any changing, alteration, or rectification in any registered trademark or in the Register of Trademarks in any country, is commonly known as trademark rectification or rectification of the trademark register. The term trademark cancellation is also used, especially in the case, when an application is filed for removal of any previously registered trademark (or service mark) from the register of trademarks. This very informative webpage offers exclusive and hugely beneficial information regarding the trademark rectification in india, applicable to trademarks and service marks related with all 45 classes of the Nice classification.

In India, the Chapter VII of the Trade Marks Act of 1999 contains provisions and rights regarding the trademark rectification and cancellation in entire India. In general, the application for trademark rectification is filed by the owner of the registered trademark, and the application for trademark cancellation is filed by any other aggrieved (third) person or entity for the purpose of removing any registered trademark of any other person/entity from the national register of trademarks. The trademark rectification means making any changes or refinements in any previously registered trademark/service mark by the owner of the trademark itself.

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Important Aspects of Filing Trademark Application

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No Guarantee

Filing a trademark rectification does not guarantee registration of the trademark. Trademark registration is a process and registration is provided only by the Trademark Registrar - based on the facts and premises of each case. Hence, our professionals can only make best efforts for addressing the concerns of the Trademark Registrar based on experience and expertise.

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Timeline

Post filing of a trademark renewal, it is important to periodically check the status of the trademark renewal application until its processing on the Government side. Trademark renewal sometimes requires various time-bound response or action from the applicant. Hence, it's important to continually check the status of the application and take required action until registration.

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Trademark Journal

Trade Mark Journal is an official gazette of the Trade Marks Registry. If a Trademark Examiner determines that a trademark application can be granted registration , the application is advertised in the Trademark Journal. While the application is advertised, all persons have an opportunity to oppose the registration of the mark.

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Trademark Infringement

Trademark Act provides legal protection for all registered trademarks. Legal remedy is available in case of infringement by any person or entity. A person is punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees for trademark infringement.

 

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