Trademark Rectification

Suppose, if you want to register a trademark for your logo in blue colour but by mistake the application submitted by you does not have the correct shade of blue. In such a case you can rectify your trademark even if it is registered. The mistake can be in colour, spelling of the text mark or anything else. But you do not need to worry because you can rectify your mistake by filing an application for the Rectification of Trademark. It’s not always a mistake but sometimes you also want to change it at will. It may be because of the changes in your plan. The application for Trademark Rectification works in all circumstances and you can change your registered trademark for any reason whatsoever.

What is a Trademark?

If you have registered a trademark before, you may know it but if not then the trademark is a visual identity of your business in the form of a text, image or anything else. It can be the name of your business or the logo that represents your business or anything else that represents your business graphically and distinguishes you from others. It helps consumers to identify your products and services in the market.

Who can Rectify their Trademark?

The trademark owners that have registered a trademark but now want to change any aspect of it, can apply for the alteration of the trademark. Such a request can be made under an application for trademark rectification. This application is submitted as Form TM-P to the Registrar of Trademarks. This is called rectification filed in trademark.

Although it has limitations, at times rectification of trademark proves to be the best option to make minor changes to your already registered trademark. The provision of rectifying the registered trademark provides the following benefits to the trademark owner-

• You can rectify any minor mistakes left in the mark or logo.
• You don’t need to file a new trademark registration application.
• The existing trademark entered on the register of the trademark can be rectified, there is no need to make a new entry.
• The rectification costs lesser than the new application hence you also save money when rectifying an existing trademark instead of registering a new trademark.

Mode of Filing a Trademark Rectification Application

An application for the rectification of an existing registered trademark under Form TM-P can be filed either in online or offline mode. The online application costs slightly lesser than the offline mode as the paperwork is avoided. Although there is a provision to apply the application for rectification in offline mode, all applications are processed online for the convenience of staff and digital record keeping.

You need to submit the following documents along with the application for Trademark Rectification-

• Form TM-P for the Trademark Rectification Application
• Copy of Altered Trademark
• Copy of the Trade Mark registration Certificate issued by the Registrar
• Copy of form TM-A (the form used for the original application for registering the trademark)
• PAN Card and Address Proof of Applicant
• Business Registration, PAN and GST
• Power of attorney if an agent is involved

The procedure for the alteration or rectification of the trademark involves the following steps-

Submission of Application for Rectification in Trademark

• You need to fill out an application in the online or offline mode under form TM-P for the rectification of the existing trademark.
• You need to attach the required documents with the application.
• The application must be submitted to the online portal managed by the Controller General of Patents, Designs and Trademarks or in offline mode to the office of the registrar of the trademark.
• The change you request should not substantially affect the identity of the existing trademark.

Advertisement by the Registrar for Trademark Rectification

• The registrar of trademarks publishes this trademark with alteration in the trademark journal.
• The purpose of the publication is to invite objections.
• If objections are received then clarifications are asked from both parties and the matter is decided accordingly.

Final Decision and Update in Register of Trademarks

• If no objections are received after the publication of the altered trademark then the Registrar decides on the application and allows the rectification.
• The registrar communicates his decision to the applicant after successful rectification.
• The Registrar of Trademarks also needs to update the register of trademarks with the altered version of the trademark.

The fees for the trademark rectification depend on how many changes you want to make and how many registered users are there because separate applications are to be submitted for each registered user and each change you request in the trademark. Also, the fee differs for the online and offline modes. The e-filing for the rectification of trademark in India costs Rs. 2700 while the submission in offline mode will cost Rs. 3000.

Things to Remember When Applying for Trademark Rectification

You must keep the following things in mind when applying for the Rectification of a trademark in India-

• Separate applications must be submitted by all the registered users of that trademark.
• On application is for only one change, if you need to make multiple changes to the existing trademark then you should submit a separate application for each change.
• If multiple requests for the changes are mentioned in the single application then only the first request is processed and all others are declined.

How can you Avoid the Rectification of your Trademark?

Rectification is done for three major reasons-

• You didn’t double-check the application before submitting which may have caused some typos.
• Some later developments in your business plan caused the requirement for slight changes in the registered trademark.
• Miscommunication between the applicant and the agent.

If you figure out and mitigate these reasons, there is a high possibility to mitigate any requirement to rectify or alter the trademark. You must double-check the application before submission and ensure that no changes will take place before applying for trademark registration.

Our team at corpseed is continuously working to assist businesses to maintain their documents and acquire new trademarks, renew them and rectify them as needed. We provide the best consultation to our clients through desk-based research, documentation and coordination. Our team has extensive knowledge and experience of the laws applicable in India. We can provide you with the requisite guidance regarding Trademark Rectification and assist you to obtain the new Trademark Registration Certificate. We serve as a one-stop solution for all your business needs.