A trademark is a unique and distinct word, logo, design, text, image or a combination of these that helps to distinguish products and services from one brand to another. It is most important for any business and company as it provides them protection and legal rights to use the trademark. If any mistake or error is noticed in the initial stage of registration then the applicant can apply for the Trademark Rectification process to correct those mistakes or make some changes in the trademark.
It is a legal process to correct any error or mistake in the initial stage of trademark registration. After applying for a trademark, if a person or company feels that the application form contains errors or that some changes are required, they can apply for rectification of the trademark.
It can use when the trademark has been applied by mistake or wrongly or even after the trademark is register in the registry after expiration.
Reasons For Trademark Rectification
Errors in the application form of trademark registration.
Inaccurate information in the trademark details.
Incorrect information at the time of registration.
Changes in applicant’s information.
The trademark should not have been use for 3-5 years.
Forms For TM Rectification
Form TM-16 – If rectification or correction is filed by the trademark owner.
Form TM-M – This form is use when the registrar wants to cancel or correct a trademark.
Form TM-26 – if an aggrieved or offended party wants to cancel or remove the trademark.
Documents Required For Trademark Rectification
Form TM-P
Copy of changed trademark
Copy of certificate of registered trademark
Copy of Form TM-A
Applicant’s ID and Address proof
Power of Attorney(if filed by an agent)
Proof of business
Benefits of Trademark Rectification
You can correct mistakes or errors in the trademark as well as make necessary changes to the trademark.
Not required to file a new trademark, you can correct or do some alterations to the existing trademark.
It may be cost-effective, and making corrections more affordable than filing a new application.
Who Can File a Trademark Rectification Application?
A person who is offended by a mark because it looks similar to an existing mark can file for rectification.
A trademark owner can file for rectification.
Any person or third party who has been misled by the trademark can file for rectification.
Process of Trademark Rectification
The applicant must prepare the correction application carefully and attentively and ensure that all the required information and require changes are include. It needs to be accurate as any error may lead to the cancellation of the application.
Next, the applicant has to fill out the application form with all the correct details along with the required fees.
After this, the applicant has to submit an identity card, address proof, PAN card, etc.
After submission of the documents, they are verified by the authorities and if it is approve by them, your rectification application can accept.
How to Avoid TM Rectification
Always double-check the application form and all the required documents before submitting.
Renew your registered trademarks timely and consistent.
Continuously use the trademark.
If there is any violation against the trademark then take legal action against it.
Conclusion
Trademark Rectification is an important process in trademark registration. which helps in maintaining the accuracy and validity of the trademark and protects all the legal rights of the tm owners. You can consult a trademark lawyer if you want to make the process of trademark registration, correction, or cancellation easier.
Contact for Trademark registration & Rectification at +91 9314321001
