Trademark Rectification Challenge
Registered Mark 🚀Did you notice that someone else has wrongly registered your trademark? We help you in making an application for cancellation of such a mark. Note that the rectification can be filed within five years of registration of an impugned trademark.
Challenge Dishonest Trademark Registration
We offer world-class & reasonably priced Trademark Services through the best of attorneys on our panel.
Package Inclusion:
- Consultation
- Eligibility Check
- Drafting of Rectification Petition
- Vetting by Expert Attorney
- Filing of TM Rectification
- Application Tracking
Overview of Trademark Rectification Process
| Purpose | Formal application to the Registrar of Trademark for removal of a Registered Trademark obtained dishonestly by someone else and the applicant has a valid claim. |
| Cost | It varies from state to state, as well as the nature of the business. |
| Limitation | The rectification application can be filed within five years of registration of the impugned mark. |
| Process | Drafting of petition to the Trademark Registrar and online filing of the same |
| Prescribed Form | Form TM-O |
| Approval | The trademark registrar passes an order after hearing both parties. |
| Timeline | Approx Six Months |
| Govt Fee | INR 2700/- |
| Prof Fee | Varies in each case. |
What is Trademark Rectification
Did you notice that someone else has dishonestly registered a trademark similar to yours? There is a legal way to challenge such a dishonest trademark registration under the Trademark Act by making a Trademark Rectification application to the registrar of trademarks. We help you draft the trademark rectification petition and file it with the Registrar of Trademarks.
Key Facts
- Formal Challenge to Registered Mark
- File within 5 Years of registration
- Both Parties are heard
- Economic in comparison to other options
- Online filing and Hearing Process
How Setindiabiz help!
The setindiabiz could help you manage and monitor your trademark to identify potential infringement. We will provide the trademark experts associated with us to assess your claim and who, on your instructions, will take further steps whatever is required in your matter.
Process of Filing Trademark Rectification Application
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Step 1: Eligibility Check
Any aggrieved person, including a consumer, competitor, or bonafide user of a trademark, may challenge a registered trademark of someone else by making a Trademark Rectification application within five years of registration of the Impugned Mark. Therefore, make sure that your trademark usage is prior to the impugned mark and that the trademark registration of the opposite party is displeased or wrongly obtained.
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Step 2: Drafting of application
As the key to a successful challenge is the quality of the Rectification Petition, it is essential to collect all possible evidence of prior use or other material to establish your bona fide claim on the trademark and share maximum material with your attorney, which will help in Drafting the petition.
The rectification petition or the application must be drafted diligently, representing the applicant’s interest in it and setting out the grounds of cancellation/removal/ correction with proper documentary evidence pointing out the details of incorrect entry and the nature of the error or defect to rectify/remove.
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Step 3: Filing of Trademark Rectification Application
Section 57 of the Trademark Act provides for filing of the Trademark Rectification petition to request for removal or alteration of a registered trademark. The online application should be supported with detailed grounds on which the applicant relies. The government filing fee for prescribed Form TM-O is ₹2700 at present. In alternative to the petition before the Registrar of Trademarks, the applicant may also move to the High Court having jurisdiction.
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Step 4: Filing evidence in support of grounds of rectification
If the registrant has filed its counter to the rectification/ removal application within the prescribed time of two months from the receipt of the application, the applicant must file its evidence and rejoinder to the registrant evidence if any filed by the registrant
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Step 5: Attend hearing fixed in the matter of rectification
Once the evidence stage is completed, the hearing will be fixed by the Registrar in the matter of rectification/removal application. These hearings, fixed from time to time, need to be represented for the final decision on the said application.
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Step 6: Decision of Registrar of Trademarks
The Trademark Registrar would decide the petition after allowing a personal hearing and shall pass an appropriate order. If the decision is not in favour of the applicant, the option of filing an appeal against such a decision is open. We will help you in filing an appropriate appeal.