Advice For Trademark Rectification

Sharma and associates

Office : Lane no. 1 Govind Nagar Moradabad (244001) contact -6398210427,

Date :06/05/2021

Mr., Rahul Singh and Nitin Singh

Partners ( firm asmyra)

Civil lines Moradabad 244001

Objective – advice regarding your trademark retification of mimaasha

Dear Mr. Rahul and Nitin

Being your attorney I was directed by you to provide a genuine advice about your trademark issue.

Proprietor for trademark mimaasha is Mr. Rahul According to the trademark certificate but as Mr. Nitin is equal stakeholder as you in asmyra so his name should also be added in the certificate.

After analysis the situation a have some suggestions regarding this issues.

In trademark act 1999, section 57 deals with rectification in registration of trademark, 57(2) tells us that an aggrieved can apply to the Appellate or to the registrar in case of an Error or omission in any entry in register. And under 57(4) The tribunal after analysing the condition and hearing the aggrieved make an decision.

In case your registration is not rectified even after applying for it several times you can withdraw the registration 47(1) and apply again with both the names and with same mark or different. Jointly owned trademark is acceptable as there is a provision related to joint ownership in section 24 of trademark act 1999.

Now the further action is upon you. You can decide what should be the next step in this matter. I will wait for your response.

 

Parushi sharma ( your attorney)

 

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