Trademark Rectification

When a Trademark application is submitted with the Trademark Registrar, the application may be sent back for rectification if any errors or omissions are detected. Such applications are marked 'Formalities Check Fail' by the authority. The Registrar sends the application back to the applicant along with the reasons why the application is not accepted for the next stage of Trademark registration.

The applicant can rectify the Trademark application and re-submit it with the Registrar. If the Registrar finds the changes to Trademark application to be sufficient and rectifying of the previous errors, the Registrar allows the application to be processed and marks it for examination.

File Trademark Rectification Application Online

Documents Required For Trademark Rectification

  1. Copy of Trademark registration application submitted.
  2. The correct details needed to rectify the Trademark application.

Process Of Trademark Rectification

Once the relevant documents are submitted, the Trademark lawyer drafts a rectification petition to correct the Trademark application and re-submits it with the Trademark Registrar. If the Registrar is satisfied with the rectification made, the Registrar sends it to the next stage i.e. examination by the Trademark Examiner.

FAQs

Which trademarks cannot be registered?
A Trademark that is identical or deceptively similar to an already existing registered Trademark or a Trademark for which an application has already been filed cannot be registered. Additionally, a Trademark that causes confusion or deceives the consumer or contains any geographical name, common name, trade words, offensive words or common abbreviations cannot be registered.
What is a Trademark Class?
The Trademark Registry has classified goods and services under different Trademark classes. A Trademark registration application must include the class or classes under which the Trademark for any goods or services is to be registered.
How many Trademark classes are there?
There are 45 Trademark classes divided in accordance with different kinds of products and services.
Why should I choose Legistify?
Legistify connects you with a Trademark expert who assists you in drafting and filing of your Trademark Rectification application. With Legistify, you can file your Trademark rectification application hassle-free. NOTE: This package does not include any legal work after the filing of your Trademark rectification application.
Can I register my Trademark without Trademark search?
You must conduct a Trademark search in order to make sure that your Trademark is not similar or identical to an already existing trademark, and does not receive any objections or gets rejected by the Trademark Registrar.
How to deal with a Trademark Objection?
A Trademark registration application is kept open for 120 days for the public to file objections. If any objection is received against a Trademark, you can send a reply to the objection through the best Trademark lawyer.
How to rectify a mistake in Trademark application?
To make some changes in the Trademark application or rectify some error, a rectification petition is drafted and filed by the Trademark lawyer.
What is 'Formalities Check Fail'?
When an application for Trademark registration is submitted, the Registrar evaluates the application and check whether all the details are correct or not. If there is some error in the application, the Trademark Registrar marks it 'Formalities Check Fail' and sends it back to the applicant.