The law prescribes the following procedure to file an application for rectification:
An application for rectification of an entry relating to a trademark should be accompanied by a statement. The statement must set out the nature of the Applicant’s interest, the facts upon which he basis the rectification and the relief which he seeks.
Within 2 months (extendable by 1 month) from the receipt of the copy of such application, the Registered Proprietor send to the Office of the trademark Registry a counterstatement stating the grounds on which the application for the rectification is contested and the same be served to the applicant within 1 month from the receipt of the same. The parties may also file evidence which in the digitized form and uploaded in the Trade Mark Automation System and subsequently integrated with the relevant records of the proceedings.
Afterwards, the Registry will send a notice in writing to the registered proprietor stating the grounds under which the trademark proposes to rectify the register. The notice will specify the time at which the parties will be heard. On the date fixed for hearing, the Hearing Officer communicates to the parties its decision along with the grounds of the same.