A trademark is a mark for people doing business which helps them to identify and distinguish the goods or services of one company from those of others. It could be a name, a word, phrase, symbol, logo, design or picture. It is used for those people or companies who make their own products and make them unique for themselves so that they can identify their own products from others.
Trademark Rectification
today!It is generic eraser mechanism of Trademark. Meaning there by something which you actually do not want but same been inculpated at the time of registration, then you need to file rectification application to Trademark Registry.
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What is a Trademark?
Applicants for Trademark
- Joint Owners
Two people who decide to file application in a trademark can file together but their names should be mentioned in the trademark application.
- Proprietorship Firm
Full name of the person who is the proprietor should be stated in application. Name of individual must be there no name of business is acceptable.
- Partnership Firm
Names of all partners must be mentioned in the application. In case of a minor, guardian name should be entered in the trademark application.
- Limited Liability Partnership
The trademark application will be made in the name of LLP. Partners of LLP cannot make application in their own name.
- Indian Company
In case of private company, application will be made in the name of company thus, director cannot be the applicant of application. He can just be the authorized signatory to sign the application on behalf of the company.
- Foreign Company
In case of foreign company, application will be made in the name of company thus, director cannot be the applicant of application. He can just be the authorized signatory to sign the application on behalf of the company.
- Trustor Society
If a trademark application is made by trust or society, then the name of Managing Trustee or Chairman, or Secretary should be mentioned.
Once you have filed the trademark, if some mistake arises then how to rectify that particular mistake?
It is a legal process to correct or rectify an error or omission that has been made in the trademark application.
Who Can File Application for Rectification?
The person who is aggrieved can file the petition for rectification or cancellation of registration or removal of the registered mark.
Where to File for Trademark Rectification?
For trademark rectification or cancellation, an application should be filed before the Trademark Registry under the jurisdiction where the trademark application was initially filed.
On What Grounds We Can File Application for Rectification?
- Registration was made without sufficient cause and application was made similar to earlier work.
- Mark is creating confusion (unable to understand)
- Changes in relation to a registered trademark for any recent amendment
- Cannot issue any registered trademark for more than 5 years
- Non-Renewal of the previous trademark
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Procedure for Trademark Rectification in India
- Application filed must be in the prescribed form
- Application must contain the statement of case, submit along with prescribed fees
- Submit the application to Registrar or IPAB
- On receipt of application, the Registrar issues notice to proprietor to file a counter statement
- After filing counter-statement, the matter reaches to the evidence stage
- The parties may file the counter statement in the form of affidavit
- Hearing process will be initiated
- Order will be passed
STEP 1
Connect With Corpseed
Connect with the team corpseed to discuss specific requirements for your business at IVR: 7558640644 or hello@corpseed.com. It takes 20-25 minutes to discuss requirement.
STEP 2
Dedicated Manager
Once you discuss the requirement, we will align a dedicated Account managers to understand your business needs and provide solutions and assist entire process.
STEP 3
Real Time Update
Use our platform to track progress of application and many more. Always know what is going on with your project, what is in progress, and what is done.
STEP 4
Job Completed
Once job is completed, you will receive complete registrations & certifications directly to your email ID and at your doorstep
FAQ`s
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At Corpseed, our valued customers are always kept in the loop as far as service delivery timeline is concerned and we inform our customers every time a milestone is achieved during each stage of service request processing. But we also believe that we may come across a customer who is not satisfied with our efforts. For that we have a very responsive Customer Care Department which work 24x7 to attend to and solve customer complaints. We also have a money back guarantee for those, who want their service charges to be refunded.
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If a customer is having issues with our service delivery process, he has various alternatives available at his disposal to register his grievance with us. He can either email his complaint at complaints@corpseed.com or he can call our 24x7 Customer Care Helpline. Also, any customer is always welcome to visit our office to lodge a complaint with the senior management.
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