Patnaconsultant provides Trademark rectification services, trademark correction services, trademark amendment services.
When an application for trademark registration or registration of brand, logo or punch line is filed with Intellectual Property Department of Government of India, the department issues its views on we would get trademark or not as trademark objection. Trademark objection is raised under section 9 or 10 or section 11 of trademark act. After receiving trademark objection notice, we have to file its reply within the prescribed time limit. Upon failure to file reply within the prescribed time limit, the application could be abandoned.
If department raises any objection on trademark application, the application is then published in trademark journal. When Trademark Journal is published, any party or any person or company, using same trademark that of ours or similar to ours, could raise opposition and could file opposition application. When Trademark opposition is file by opponent, trademark applicant has to file counter statement within 2 months of time.
If department is convinced with clarifications and counter statement filed by ours, it allows our trademark to be registered.
If there is no trademark objection or trademark opposition or department approves application to be registered, the trademark is registered. Once trademark is registered, it is valid for ten years.
Before expiry of validity of 10 years, we would have to file application for trademark renewal. After renewal, trademark get renewed for next 10 years.
Trademark application can be rectified before it is registered, when it is registered, trademark can not be rectified but can be amended. Trademark Rectification is allowed only when substance of trademark application by such rectification is not changed.