Trademark registration is a form of intellectual property protection that grants businesses exclusive rights to use a unique visual symbol or word. This helps distinguish their products or services from similar offerings by other businesses. To register a trademark, the applicant must submit a trademark application to the appropriate trade marks registrar in the prescribed format.

Once the application is filed, the registrar reviews and processes it. If any issues arise during the examination, the examiner may flag the application and request corrections. After resolving these concerns, the trademark examiner may approve the application for advertisement prior to registration. However, the examiner also holds the authority to raise objections against the registration if necessary.

Rectification of Faulty Application

If the Trade Mark Registrar deems an application incomplete or imperfect, the applicant is provided an opportunity to revise and resubmit it. The rectification must address the specific issues highlighted by the examiner, accompanied by a clear explanation of the facts and reasons for the initial disapproval. Once the examiner is satisfied that all concerns have been resolved, the application will be processed and marked for further inspection, leading to the issuance of a trademark examination report.

Law Sarathi is India’s leading provider of business services, offering a wide range of solutions including company registration, tax registration, tax filing, trademark filing, and more. At Law Sarathi, we specialize in assisting with trademark modifications and rectifications. Typically, it takes about 5 to 10 working days to prepare and file a trademark rectification, depending on the client’s document submission and government processing timelines.

For any queries or assistance, feel free to contact us via email or phone—we’re here to help!

Trademark Registration and Trademark Application

Significant Features of Filing Trademark Application

It is crucial to have an expert review and amend the trademark application to address the concerns raised by a Trademark Examiner. An experienced professional ensures all issues are resolved effectively, enabling a successful trademark registration through precise and accurate filing.

No Guarantee

It is important to note that filing a trademark rectification does not guarantee trademark registration. The registration process follows a specific procedure, and approval is granted solely at the discretion of the Trademark Registrar based on the facts and merits of each case. However, we leverage our extensive experience and expertise to address the Registrar’s concerns diligently, ensuring the best possible outcome for your application.

Timeline

After filing a trademark rectification, it is essential to monitor the status of the trademark application regularly to track its progress on the government’s end. Trademark registration involves several time-sensitive actions required from the applicant. Therefore, frequent status checks and prompt responses are crucial to ensure smooth processing and successful registration.

Trademark Journal

The Trade Mark Journal serves as the official gazette of the Trade Marks Registry. If the Trademark Examiner determines that the application is acceptable, it will be published in the Trademark Journal for advertisement. During this period, third parties have the opportunity to file objections and oppose the trademark registration.

Trademark Opposition

Under the Trademark Act, any individual can file a notice of opposition against a trademark application within 4 months from the date the trademark was advertised or re-advertised in the Trademark Journal. Upon receiving the notice of opposition, the applicant must file and submit a counterstatement to the Registrar within 2 months.

General grounds for filing an application for trademark rectification

  • Updating or refining a registered trademark/service mark based on the most current information.
  • Non-use of a registered trademark by the proprietor for more than 5 years.
  • Failure to renew the original or prior registration of the trademark.
  • Expanding the scope of the trademark by adding new products or services to the business portfolio.
  • Deviations or additional grounds as specified under Section 9 and Section 11 of the Indian Trade Marks Act, 1999.