Trademark Rectification

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Section 57 of the Trademarks Act, 1999 provides for the grounds for rectification of the Register of Trademarks maintained by the Registrar. Rectification can be done on the following grounds –

  1. Contravention or failure to observe a condition entered in the Register in relation to the registration of the mark;
  2. The register suffers from the absence or omission of entry, for instance – a condition or limitation on the registered mark;
  3. The entry made in the register was made without sufficient cause, for instance – registration was obtained by fraud or misrepresentation of facts or the mark registered was similar to an already registered mark, etc.;
  4. Error or defect in any entry made in the register;
  5. The entered mark was wrongly remaining on the register, for instance — it is contrary to some of the provisions of the Act or is likely to cause confusion amongst the public or trade or the mark is in contravention of section 9 to 11 of the Act;
  6. The renewal fee has not been paid.

An application for rectification of a registered trademark is required to be filed before the same Trademark Registry where the application for its registration was filed.

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This information is in summary form and is therefore intended for general guidance only. It is not intended to be a substitute for detailed research or the exercise of professional judgment. Mind Sync does not accept any responsibility for loss occasioned to any person acting or refraining from action as a result of any information provided herein. On any specific matter, reference should be made to the appropriate advisor.

Rs.7499(plus Govt fees)
  • Package Includes
  • Drafting of Rectification of Application
  • Filing of Rectification of Application
  • Status Update

(Prices are exclusive of GST)