A trade marks is a unique symbol or mark that distinguishes one product from the other. For ease of understanding, it can be compared to a birthmark that is unique to a person. To ensure that the trade marks is unique and exclusive, the proprietor must register it as per the conditions laid down by Trade marks Act and Rules.

In case of the trade marks being wrongly registered or wrongly remaining in the register, the Act allows rectification. Any person aggrieved by the trademark can apply for rectification or cancellation of the trade marks. An aggrieved person is a person whose trading interests are affected by the presence of the entry in the register.

The grounds for rectification can be classified as follows:

• Error in the application form like the wrong address or contact details.

• Error in the details of the trademark such as class, description, classification, and design.

• Error in the details entered in the register.

• Modifying details in the application such as the change of applicant and change of address.

• Removal of the trademark when not in use for five years and three months.

• Any other grounds prescribed and accepted by the Registrar.

• All the above grounds for rectification are identified at the applicant’s end; however, there can be instances where the registrar orders for rectification on learning of some errors.

• The registrar can also order for rectification when an aggrieved person makes an application for rectification or removal.

The process for application for rectification can be divided into three categories:

• Rectification or cancellation initiated by the proprietor of the trademark – Apply in the form “TM-16” along with prescribed fees.

• Rectification or cancellation initiated by the registrar – Form “TM- M” along with prescribed fees.

• Rectification or cancellation initiated by any aggrieved person – Form “TM-26” along with prescribed fees

The application can be filed in the prescribed manner before the Trademark Registry where the original application was filed or at the Appellate Board, and the Tribunal may order the action of rectifying or canceling the trademark, as it deems fit.​​

The process of trademark rectification in the case of proprietor-initiated and registrar-initiated remains the same. The following are the steps:

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1. Submission of documents : The proprietor must submit the relevant application(s) along with the alterations required and relevant documents (depending on the alterations required)for supporting the alterations like identity proofs or address proofs.

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2. Drafting of the application : The applicant then needs to fill out the relevant form with all the details.

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3. Filing of the form : The next step is to file the form with the Registrar along with the prescribed fees.

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4. Approval of government : The last step is approval by the Registrar and modification in the register as required. When the rectification is initiated by an aggrieved person, then the process is: – The aggrieved person must apply in the relevant form (as set out above) along with the reason for rectification and submit it to the Registrar with the prescribed fees. – Then the Registrar will send notice to the proprietor of the trademark to file a counter statement – Both parties will have to file affidavits producing their evidence. The effect of rectification can be that after hearing the case presented by both parties, the Registrar or the Appellate Board can either cancel, vary, add, or remove the entry. Trademark Act and Rules provide relief both to the applicant and the aggrieved person to seek rectification or cancellation of the trademark.​​

A trademark is a legally protected sign that protects your brand name, logo, slogan, symbol, etc. It helps prevent others from using it.

A trademark is a legally protected sign that protects your brand name, logo, slogan, symbol, etc. It helps prevent others from using it.

• Word Mark

• Logo Mark

• Slogan Mark

• Shape Mark

• Sound Mark

Before registering a trade marks, you should use "BSR Search" to find out if someone has already registered your name/logo.

Trade marks is divided into 45 classes.:

• 1-34 Products Business

• 35-45 Service Business

• Individuals/Startups/SMEs

• Companies

Registration can take up to 12-24 months. ™ (Trademark symbol) can be used immediately, but ® (Registered symbol) can only be used after permission has been granted.

• Objections/Oppositions may arise to posts every day.

• Objection: If the Govt examiner has any doubts

• Opposition: Other brands can Opposed - If you give a legal reply, you can resolve the conditions and fix the Trademark.

• Trade marks is valid for 10 years.

• Renewal is possible, otherwise it will be deleted.

If someone uses the trademark, legal action can be taken to remove it.(Protected under the Trademark Act, 1999)

E-filing can be done online, but there may be some legal complexities

A unique application number for tracking is assigned for your application.

"The Trademark Office checks if the application is complete and meets all requirements. If everything is correct, it moves to the next stage. If errors are found, the applicant may need to correct them"

A trade mark examiner reviews the application to ensure it follows trademark laws, is unique, and doesn’t conflict with existing trademarks.

The examiner finds problems, like the mark being too similar to another or not unique enough, they send a report with objections. So, you must fix these issues to move forward with registration.

The applicant or their legal representative submits a response to address the objections in the examination report. If needed, hearings or further clarifications may be required to defend the trademark.

The application faced objections during the examination; A hearing is scheduled to give the applicant a final chance to justify the trademark's registration.

The examiner is satisfied with the response and no further objections remain, so that your trade mark is accepted. The application then moves to the public advertisement stage.

The accepted trademark is published in the official trademark journal. During this time, third parties can file objections if they believe it conflicts with their rights.

Finally got registered.