Documents Required
- Sales invoices or proof of existing use of a similar mark
- Copies of relevant advertisements
- Images of products associated with the mark
- Government registration certificates, if applicable
- Screenshots of social media accounts, if relevant
- Copies of letterheads and visiting cards
Submission of documents
We shall submit the relevant application(s) along with the alterations required and relevant documents (depending on the alterations required) for supporting the alterations like identity proofs or address proofs.
Drafting of the application
We shall then fill the relevant form with all the details.
Filing of the form
We shall file the form with the Registrar along with the prescribed fees.
Approval of government
The last step is approval by the Registrar and modification in the register as required. When the rectification is initiated by an aggrieved person, then the process is: – We shall apply in the relevant form (as set out above) along with the reason for rectification and submit it to the Registrar with the prescribed fees. – Then the Registrar will send notice to the proprietor of the trademark to file a counter statement –We shall file affidavits producing their evidence. The effect of rectification can be that after hearing the case presented by both parties, the Registrar or the Appellate Board can either cancel, vary, add or remove the entry. Trademark Act and Rules provide relief both to the applicant and aggrieved person to seek rectification or cancellation of the trademark.
Advantages
Correcting Mistakes
It allows the correction of any mistakes that may have been made during the registration process.
Updating Information
It allows for updates to be made to a trademark, such as changes in company names, logos, or taglines.
Strengthening Protection
This includes adding new goods or services to a registration, which can provide broader protection against potential infringers.
Enhancing Enforcement
Rectification can help to enhance the enforceability of a trademark by ensuring that it is up-to-date and accurately reflects the company’s branding. This makes it easier to identify potential infringers and take appropriate action to protect the trademark.