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Trademark rectification corrects errors or omissions in the trademark register after registration. This process is necessary when a trademark is registered incorrectly or requires modifications.

Who Can File a Trademark Rectification?

• Trademark Holder: To correct mistakes in their own registration.
• Aggrieved Party: If a mark is misleading, similar to an existing mark, or registered in bad faith.
• Third Party: Anyone affected by the incorrect registration of a trademark.

Common Reasons for Rectification

• Errors in application details (address, classification, etc.)
• Incorrect or misleading trademark information
• Non-use of the trademark for over five years
• Updates to applicant details
• Violation of existing laws

Trademark Rectification Procedure

1. Application Filing: Submit a rectification request using the relevant form (TM-16, TM-M, or TM-26) with required fees.
2. Verification & Documentation: Submit supporting documents for review.
3. Notice to Concerned Parties: If initiated by a third party, the trademark holder is notified.
4. Evidence Submission & Hearing: Both parties submit evidence, followed by a hearing.
5. Final Decision: The Registrar issues an order for rectification, removal, or modification.

Difference Between Trademark Objection, Opposition, and Rectification

• Objection: Raised by the Registrar during the examination stage.
• Opposition: Filed by third parties after publication.
• Rectification: Filed post-registration to correct errors or remove an invalid trademark.

How Ask Associates Can Help

• Expert Legal Guidance: Assisting with opposition and rectification procedures.
• Comprehensive Trademark Search: Identifying potential conflicts before filing.
• Document Preparation & Filing: Ensuring compliance with regulations.
• Regular Updates: Keeping you informed throughout the process.

For professional assistance in trademark opposition and rectification, consult Ask Associates today!