The process can be broadly defined into three categories:-
Trademark registry is the place where original application can be filed in a prescribed manner or at Appellate Board and the Tribunal may order the action of rectifying or cancelling the trademark, as it deems fit.
The process of trademark rectification in case of proprietor initiated and registrar initiated remains the same.
The following are the steps:
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.
Drafting of the application: The applicant then needs to fill the relevant form with all the details.
Filing of the form: The next step is to file the form with the Registrar along with the prescribed fees.
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 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 aggrieved person to seek rectification or cancellation of the trademark.