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Trademark Rectification in India

Q: Can I apply for a trademark if a rectification application is filed against it?

Yes, you can apply for a new trademark even if a rectification of a trademark application is filed against an existing, similar mark. However, the outcome of the rectification proceeding could potentially affect the registrability or enforceability of your new application if the marks are related.

Q: How do I change the class of my registered trademark?

Generally, you cannot change the class of an already registered trademark. The class is fundamental. To get protection in a new class, you must file a new trademark application. However, if the wrong class was assigned due to a clerical error during the original filing, you can file for a rectification of class in the trademark to correct the register.

Q: How long does the trademark rectification process take?

The duration of the procedure for rectification of a trademark can vary significantly, ranging from several months to a few years, depending on the complexity of the case, the number of submissions, and the backlog at the Trademark Registry or IPAB.

Q: Where do I file a trademark rectification application?

You file a trademark rectification application at the appropriate Trademark Registry office that has jurisdiction over your case, which is usually determined by the principal place of business of the applicant or respondent.

Q: How to rectify a trademark?

To initiate the rectification of a trademark, you need to apply for rectification of a trademark in India (typically Form TM-O) along with a detailed Statement of Case and supporting evidence at the relevant Trademark Registry. This is part of the overall procedure for rectification of a trademark.

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Frequently Asked Questions (FAQs)

Can I file rectification for someone else's trademark in India?

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Yes, if you are an "aggrieved person" and can demonstrate how that trademark registration negatively impacts your rights or business. You can apply for the rectification of a trademark in India against someone else's trademark.

Can I apply for a trademark if a rectification application is filed against it?

How do I change the class of my registered trademark?

How long does the trademark rectification process take?

Where do I file a trademark rectification application?

How to rectify a trademark?

Why Choose RegisterKaro for the Trademark Rectification Service?

Fixing trademark issues can get complicated, but having a trusted partner like RegisterKaro by your side makes it much easier and improves your chances of getting it right.

Expertise You Can Trust: We comprise experienced trademark professionals who possess in-depth knowledge of the procedure for rectification of trademarks.
End-to-End Service: Assists with drafting your trademark rectification application and preparing the Statement of Case to ensure accuracy and compliance. From filing to representing you at hearings, we provide complete end-to-end support throughout the entire rectification process in India.
Save Time and Money: We streamline the process, ensuring all documents required for trademark rectification are prepared and filed on time, saving you time and avoiding mistakes.
Transparent and Simple Process: We believe in keeping our clients informed. Our process is transparent, and we communicate clearly at every stage, ensuring you understand the steps involved in your case.
Dedicated Support: You'll receive dedicated support from our team, who will be available to answer your questions and provide guidance throughout the trademark rectification journey.

Why Choose RegisterKaro for the Trademark Rectification Service?

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