How do you file a trademark rectification of error in a trademark?
How to Apply for Rectification?
- 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.
Can a trademark be amended?
U.S. Trademark Law permits amendments to existing trademark registrations, provided that the changes are not a “material alteration” and do not alter the “commercial impression” of the trademark.
How do I correct a trademark application?
Simply put, it means changing or altering the application in some manner after it’s filed. The way to amend a trademark application is by filing an amendment with the United States Patent and Trademark Office (USPTO).
How do I amend a registered trademark?
Before the registration of a trademark, an applicant who has filed a trademark registration application can request for correction or amendment of a trademark application by filing trademark Form- 16 along with the prescribed fee and supporting documents.
What is the meaning of rectification filed in trademark?
Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration. A mark may have been wrongly registered or may have remained on the register even after its expiry.
Can a trademark be revoked?
Since trademarks are issued to preserve distinctiveness, anything diluting the meaning of a mark can be grounds for cancellation. Not only do such instances result in lost rights, but they may also require businesses to either undergo expensive rebranding campaigns or forgo a particular product or service entirely.
Can I change trademark name?
Trademark owners may need to transfer ownership or change the name on their application or registration. This could happen while your trademark application is being examined or after your trademark has registered.
Does punctuation matter in trademark?
Punctuation, such as quotation marks, hyphens, periods, commas, and exclamation marks, generally does not significantly alter the commercial impression of the mark.
How do you remove someone from a trademark?
The first step in canceling a trademark is to file a petition for cancellation. In your petition for cancellation, you will need to show you have standing to cancel the trademark. You will also need to pay the registration fee. It can be done either on paper or electronically.
How long does a trademark last?
How long does a trademark last in the US? In the United States, a federal trademark can potentially last forever, but it has to be renewed every ten years. If the mark is still being used between the 5th and the 6th year after it was registered, then the registration can be renewed.
How much does it cost to register a trademark?
The USPTO charges a flat fee of either $250.00 or $350.00 PER CLASS OF GOODS. This means that the USPTO doesn’t charge the applicant, per trademark, but rather according to how many different types of goods/services the applicant intends on selling under the trademark.