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trademark Rectification
AMENDMENTS, RECTIFICATION, OR CANCELLATION OF TRADEMARK WE DO IT ALL.
Trademark Rectification
What is Trademark Rectification?
A Trademark is an essential intangible asset for an organization as it aids a brand to successfully establish its identity in the industry. It is a graphic presentation of a brand name or a symbol that distinguishes it from the competitors by providing a unique identity to the products manufactured by the organization. When a mark is wrongly registered or remaining in the register even after the expiration of the renewal date, the aggrieved party can file an application for Rectification.
Trademark Rectification is the process of making amendments in the registered trademark and the process is also known as Cancellation of Registered Trademark especially when a petition is filed for the removal of any previously registered Trademark. It is to be noted that the Rectification petition cannot be filed anonymously in absence of any evidence of getting affected.
The application for Rectification or Cancellation of a Trademark can be filed by the aggrieved party on following grounds:
- Trademark needing modifications or changes due to recent amendments in the law
- Owner of the Trademark missed the date of renewal
- Goods or Services of the registered mark not belonging to the specified class
- Trademark not used by the owner for more than 5 years of time period.
Contact Us For More Information
Law provides an equal opportunity to both- aggrieved party and owner of Trademark to put their case forward along with their arguments. The team at Adhoc Legal can assist you by-
- Comprehend the documentation requirements and prepare the case
- Collect requisite evidence and present them in the prescribed format
- Draft a clear and crisp statement supporting your case
Documentation Chart
[evidence include but not limited to Sale/ Purchase Invoices, Promotions, Newspaper Cutting, Certificates or Licenses Received, Pictures from Exhibition or Social Media and/or any other document which contain Brand/ Trademark along with Date]
Trademark Rectification
Offer Price Just 8300/-
Processing fee: 8300 + govt fee: 2700
For More Details See Below
Government fee of 2700 will be charged as applicable
- Case analysis
- Drafting
- Filing Notice of Opposition before the trademark office Under TM-O
Process
Proficient agents at Adhoc Legal are readily available to provide their reasonably charged legal services to both parties following the below-mentioned steps-
Filing a Petition for Rectification
An opponent or aggrieved party can file the petition for rectification on several grounds that need to be presented to the authority in a prescribed format. After comprehension of your specified reasons, we will file a rectification petition to the concerned authority.
Reverting to the Rectification petition
If your trademark ownership has been opposed then you are supposed to revert with a counter statement. Professional agents at Adhoc Legal will aid you by strategizing a solution and drafting a professional revert after extensive study of your case.
Follow Rule 45
As per recent amendments, the opposing party needs to present evidence in support of their case within a specified period after receiving the counter statement by the other party. The team at Adhoc Legal will assist you by collecting the evidence and present them on time.
Follow Rule 46
After receiving the evidence from the aggrieved party, the defendant party is obliged under Rule 46 to present evidence supporting his case. Our professional legal advisors will aid you in gathering the evidence.
Attend Hearing on Due Date
If the authority is still not convinced with the counter-statements provided by both parties, a face to face interview is conducted. Partners at Adhoc Legal will stand by your side and present your case in front of the authority in the best way to get judgment in your favor.