Trademark Rectification

What is Trademark Rectification?

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.

Hence, in cases where in the Trade Mark Registrar marks the application as Formalities Chk Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report.