Rectification of a trademark can be filed in India on grounds of contravention or failure to observe a condition of the trademark already entered in the Registrar or an error in registering the trademark. Once a trademark application is filed, the Trademarks Registrar would process the application. If any concerns are noted on the trademark application, the Examiner would mark the application as Formalities Chk Fail and request rectification of the trademark application. If there are no concerns, the Trademark Examiner could also allow for the trademark application to be advertised before registration or raise an objection for registration.
Hence, in cases where in the Trademark Registrar marks the application as Formalities Chk Fail or Send Back to EDP, the applicant has an opportunity to rectify and resubmit the trademark application. The rectification deed to the Trademark Examiners note must be prepared based on the reasons and facts as to why the mark was not allowed for further processing. If the Trademark Examiner finds the rectification sufficient and addresses all the concerns raised by him/her, application is allowed to be processed and marked for examination by a Trademark Examiner for preparing Trademark Examination Report. Legaltree can help you to draft and file a Trademark Rectification quickly and easily.
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