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Trademark Rectification Handing
Drafting of Rectification
�Filing of Rectification
Note:-� �Govt Fee ₹2700 will be paid separately
₹20,000.00 Original price was: ₹20,000.00.₹5,000.00Current price is: ₹5,000.00.
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Trademark Rectification Handing
Trademark rectification handing involves the legal process of correcting, canceling, or modifying an existing trademark registration due to errors, non-use, or conflicting rights. This process ensures that the trademark register remains accurate and does not contain trademarks that are misleading, incorrectly registered, or unfairly maintained.
Key Aspects of Trademark Rectification Handing:
- Grounds for Rectification – A request for rectification may arise due to:
- Clerical or procedural errors in the trademark registration.
- Non-use of the trademark for a continuous period (as per jurisdictional rules).
- Registration obtained through fraud, misrepresentation, or bad faith.
- Conflict with prior existing trademark rights.
- Filing a Rectification Application – Any aggrieved party, including trademark owners or third parties, can file a rectification request before the trademark registry or relevant authority.
- Responding to Rectification Claims – If a rectification application challenges an existing trademark, the owner must defend their rights by providing evidence of use, registration validity, or rectifiable errors.
- Evidence & Proceedings – Both parties submit evidence to support their claims, which may include proof of use, business records, or legal arguments.
- Decision & Appeals – The trademark office reviews the case and issues a ruling. If dissatisfied, either party may appeal to higher authorities or negotiate an alternative resolution.
Trademark rectification is a crucial tool for maintaining a fair and accurate trademark register, ensuring that only valid and lawfully obtained trademarks remain protected.
- PAN Card of the applicant
- Aadhaar Card or other valid address proof
- Bank Statement (last 6 months)
- Business Address Proof (Electricity Bill or Rent Agreement)
- Photograph (Passport-size)
⏳ Trademark rectification handling may take anywhere from a few weeks to several months, depending on the complexity of the case.
⏬ Step 1: Consultation & Case Review – We analyze the rectification request and assess the legal basis for corrections or defense.
⏬ Step 2: Document Collection & Verification – We gather necessary business, ownership, and trademark details to support the case.
⏬ Step 3: Drafting & Filing of Rectification Petition – Our legal team prepares a detailed petition for submission to the Trademark Registry or IPAB.
⏬ Step 4: Filing with the Registrar & Submission of Government Fees – We submit the rectification request and pay applicable government charges.
⏬ Step 5: Follow-Up & Case Monitoring – We track the application status and respond to any objections or additional requests from the Trademark Office.
⏬ Step 6: Registrar Review & Decision – The Registrar examines the rectification request and issues a final decision.
⏬ Step 7: Certificate Issuance & Compliance Support – If accepted, the corrected Trademark Certificate is issued, and we guide on further compliance.
👉 What is a Trademark Rectification?
It is the process of correcting errors in a registered trademark or removing a wrongly registered mark.
👉 Who can file for Trademark Rectification?
The trademark owner or any third party who believes the trademark is wrongly registered.
👉 What are common reasons for rectification?
- Wrong owner details
- Incorrect classification of goods/services
- Non-use of the registered trademark
- Fraudulent registration by another entity
👉 Can a rectified trademark still be opposed?
Yes, if rectified details affect another party’s rights, opposition can be filed.
👉 How long does trademark rectification take?
Typically, 15 to 30 working days, depending on case complexity and review process.
👉 What happens if my rectification request is rejected?
You can appeal the decision before the Intellectual Property Appellate Board (IPAB).
👉 Can I modify my trademark at the time of rectification?
No, only factual errors can be corrected; for modifications, a new application is required.
👉 Do I need legal assistance for rectification?
Yes, rectification involves legal documentation, justification, and case representation, making professional assistance crucial.
👉 Can a rectification case cancel my trademark registration?
Yes, if the request proves fraudulent or wrongful registration, cancellation may occur.
👉 How do I check the status of my rectification request?
The status can be tracked on the Trademark Registry portal with the application number.
👉 Can Company Mitra assist in legal hearings if required?
Yes, we provide legal support, representation, and case follow-ups.
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