•Drafting and filing of rectification
•Follow up and submission with documentation
•Professional response and guidance
•Timely update on status of application, objections and hearings
•Business hour support with Experts – phone and E-mail
Trademark is any unique expression related to a product or service that distinguishes it from others. This expression could be a word, slogan, photograph, logo, graphic, colour combination, sound or even smell; however, most businesses are only looking for a brand name registration or logo registration. Owners of trademarks have exclusive rights to their use under the categories they are registered in (there are a total of 45 categories, called classes).
For trademark registration, a trademark application must be filed by the applicant with the relevant Trade Mark Registrar in the prescribed format. Once a trademark application is filed, the Trade Marks Registrar would process the application. If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Check Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.
Thus, in the instances wherein 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.
Talk to us and get the professional filing with rectification, drafting and complete advisory support with India Kickstart today.
Features of Trademark Rectification
What is a trademark?
A trademark is essentially a characteristic of your brand. It could be your brand name, your brand’s logo, or even your brand’s slogan. For example, ‘Maggie’, the ‘Audi’, or the slogan ‘Just 2 minutes’. In some cases, the brand’s name and logo are combined into one, as in the case of BMW, or Coca-Cola. That is called a Logo Composite Mark.
Rectification does not guarantee approval
Trademark approval process is completely handled by Trademark Registrar (Govt.). Filing of Trademark Application, Objection response, Rectification by the applicant on his own or through consultant does not necessarily guarantee the approval of Trademark. Approval is subject to facts of each case, type of brand, product and various other factors considered by the Trademark Registrar.
Since registration and rectification of trademark is complex legal process, benefit of getting done through experienced professionals like India Kickstart ensures compliances to the law in a timely manner and address to the satisfaction of the examiner for resolving conflicts and queries. It also improves the chances of registration application approved in the efficient manner.
Trademark can be objected or opposed
Any person or business can file notice of opposition against a trademark application within a period of four months from the date on which Trademark was advertised in Trademark Journal as per Trademark law. On receipt of objection, applicant is required to file clarification statement countering the opposition to the registrar within 2 months of time.
Timelines and Process
On filing of Trademark rectification application, the applicant needs to check the periodicity and status of application with Registrar till it is accepted to the satisfaction of examiner. In some cases, govt. may ask for additional clarifications which needs timely response filing and thus we ensure to provide timely status update and check of the Trademark application to remain compliant.
Trademark Rectification Process
DISCUSSION WITH CLIENT
On booking of telephonic appointment with us, our expert will discuss entire case with the client applicant and understand the queries, errors which needs rectification. We will provide suitable advise with complete process on rectification and registration.
RECTIFICATION APPLICATION PREPARATION
Based on our discussions and on receipt of complete documents, our trademark lawyer will prepare the rectification application
FILING WITH TRADEMARK REGISTRAR
The rectification application once signed by the applicant will be submitted to the Trademark Registrar office for further processing and timely update on the status of processing will be provided to you.
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About India Kickstart
Just tell us a little bit about your business and you’ll have the incorporation certificate in 20 working days. It’s that simple. In addition to yours, we’ll be handling around 400 requests this month.
We make your interaction with government as smooth as is possible by doing all the paperwork for you. We will also give you absolute clarity on the process to set realistic expectations.
Our team of experienced business advisors are a phone call away, should you have any queries about the process. But we’ll try to ensure that your doubts are cleared before they even arise.