Trademark Rectification is the process of making desirable amendments as per objections specified under ‘Check Fail’ by inspection officer during Trademark registration.
Digital Filings can help you in…:
Comprehending all the issues raised
Making desirable modifications as per prescribed instructions
Dealing professionally with concerned authority
Acquiring Trademark registration successfully
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Understanding Trademark Rectification
Trademark Registration enables businesses to establish their unique identity for their products and/or services. A person or an organization applies for a trademark, which could be a logo or a symbol, with required documents as per the defined guidelines. The concerned authority will then thoroughly inspect the submitted application before approving the trademark.
On observing any error in trademark registration application the assigned officer will mark the application as ‘Formalities Check Fail’ and will demand rectification from the applicant.
When the application is marked as ‘Formalities Check Fail’ the petition gets returned to Registrar or the Electronic Data Processing (EDP) section where the concerned authority shall grant a second chance to the applicant to carry on desired amendments in the application. Applicant needs to comply with the required modifications, including the re-design of logo / or any other change and prepare a Rectification Deed for the raised issues. Once the examination authority gets contended with the rectifications, the application will move ahead for further processing and preparation of Trademark Examination Report.
Key-Aspects of Trademark Rectification
A Trademark Examination Report needs to be perceived appropriately and respond accordingly in a clear and crisp manner. A proficient reply to the authority regarding rectification enhances the possibility of successfully obtaining the desired Trademark.
Trademark Act authorizes entities / persons to raise objection against an approved trademark, within 4-months of Trademark’s advertisement or re-advertisement in the trademark journal. The original trademark applicant is then required to present a strong counter statement within 2-months of receiving such objections.
After filing a petition, an applicant is suggested to keep tracking the application status until it gets approved by concerned authorities. The application approval demands a timely action on the error/objection and, thus an applicant must respond accordingly.
A Trademark gets registered under Zonal Registrar of Trade Marks or with the Intellectual Property Appellate Board (IPAB) and is approved by the concerned authorities post a prescribed inspection procedure. Designated Trademark inspectors present their report after studying and considering facts, while their approval cannot be assured.
This Gazette is essentially an official journal, released by the Trademark Registry, to advertise the approved Trademarks. When the concerned authority contends with the trademark application, the registry advertises the approved Trademark in the journal. Also, third-parties can refer to the advertisement to oppose any registered Trademark,
We are Glad to Help!
Trademark Rectification is a complex process that requires proficient draft and presentation of the ‘Rectification Deed’ as well as a timely action to resolve the raised objections, thus ensuring a smooth approval for desired trademark.
Do Not Worry!
Trained Experts @ Digital Filings can proficiently assist you trademark rectification process, while you focus on other mission-critical business tasks.
- Drafting and Filing of Rectification for Applications marked Formalities Check Fail by Trademark Inspector
- (Above price includes all taxes and relevant government fees.)
- Drafting and Filing of Rectification for Applications marked Formalities Check Fail by Trademark Inspector Fresh Form-48 for Trademark Applications Filed by Third-Parties (Above price includes all taxes and relevant government fees.)
- Drafting and Filing of Rectification for Applications marked Formalities Check Fail by Trademark Inspector Complete Trademark Rectification (Above price includes all taxes and relevant government fees.)
How we Do It…
Authority demands Trademark Rectification on observing some complication with the requested symbol or logo which needs to be handled professionally. Experienced partners @ Digital Filings can assist you in drafting a Rectification Deed in 5 to 10 working days.
Understand and Act
Proficient partners @ Digital Filings will recognize the intended grounds on which the objection has been raised by the concerned authority. The entire course of action depends on the specified reasons of demanded rectification. An appropriate interpretation is required to take things further and acquire approval after rectification.
Reaction to Objection
A Rectification Deed is prepared by an expert at Digital Filings, replying to the stated reasons of rejection. Also, after conducting thorough research on the stated reasons, the team at Digital Filings will suggest possible modifications that can be made and specified in the Rectification Deed, thus to smoothly attain Trademark approval.
Present it Proficiently
Once you are convinced with the draft of Rectification Deed, Digital Filing’s partner will present it to the concerned authority at IPAB along with the form TM-26.
Don’t Worry… We will Track it!
The team at Digital Filings will keep a track on the application to avoid any possible complications in acquiring approval.
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