Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry. In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.
The application form used to serve trademark rectification or cancellation must be filed in prescribed form. The application must include the statement of case, and submit along with the prescribed fee. Further, the application can be submitted to the Registrar or IPAB. On receipt of the application, the Registrar serves notice to the registered proprietor to file a counter statement. Once the counter statement is filed the matter arrives at the evidence stage. The parties may require filing their respective evidence in the form of an Affidavit. After this, there will be a hearing. Subsequently, the order is passed.
TM reactification around 7- 10 days.
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