The purpose behind Trademark Objections

"Does Rectification Impact the Trademark?"

After considering requests and providing equal opportunities to concerned parties, the registry can cancel, remove, or rectify trademark entries.

Common Grounds for Filing Trademark Rectification in India:

1. Non-renewal of the previous trademark.
2. Updates reflecting the most recent information.
3. Non-use of the registered brand name for over 5 years, leading to Trademark Rectification.
4. Non-conformance with grounds specified in Sections 9 and 11 of the Indian Trade Marks Act, 1999.
5. Expansion of the registered trademark to include additional goods or services classes.
6. Registration obtained through misrepresentation, requiring satisfactory explanation.
7. Incorrect registrations causing conflicts or confusion.
8. Specific exclusions like disclaimers, conditions, or restrictions.
9. Failure to pay renewal fees.

Strategies to Prevent Trademark Rectification:

1. Safeguard the unique character of the mark to avoid misrepresentation.
2. Take prompt legal action upon identifying infringements.
3. Maintain consistent trademark renewal practices.
4. Ensure continuous mark usage to avoid potential dismissal due to non-use.

Focus on maintaining classification accuracy to mitigate risks."

Registration Process

"Registration Procedure for Trademark Amendment"



• In cases where the trademark registration has resulted in a Formalities Check or Send back to EDP, the applicant can be heard and reviewed, and the application must be resubmitted to address all of the trademark examiner's concerns.
• Form TM-O is the application structure for trademark amendments that must be documented in three parts.
• Ensure that a new and irrefutable clarification of the grounds accompanies your trademark revision application.
• It would help if you bolstered your argument with solid evidence to facilitate the modification of the predefined trademark.
• In addition, we strongly recommend that, in the event of a Trademark Rectification, you contact a specialist and seek the assistance of a trademark rectification expert who is well-versed in the most recent trademark market developments.
• Legalities has a team of specialists and experts who offer their skilled assistance for all tasks associated with trademark opposition, trademark registration, and trademark correction.

Consequences of a Valid Trademark AmendmentIf it can be shown that the trademark was registered in bad faith, that there has been no verifiable use of the mark for three months before the date of use, and that five years have passed since registration with no help, the trademark may be removed from the register.
Note: the five-year period is to be calculated from the date the mark was entered into the register. For example, the enrolment date was described as being made rather than beginning on the date of the application. Upon receipt of the application, the Registrar notifies the registered proprietor to file a counter-statement. Upon receipt of the application, the Registrar notifies the registered owner to file a counter-statement. At the point when the counter-clarification is recorded, the issue enters the verification phase. The gatherings may require documenting their specific confirmation as an affidavit. A consultation will follow the operation. The request is thus granted.You must obtain essential safeguards, such as periodic renewal, to protect your registered trademark from correction, cancellation, or revocation. Please do so to maintain the mark's distinctiveness and prevent it from being used for longer than five years.