Trademark Rectification

Rectification is the legal procedure to rectify mistakes or omissions made after Trademark Registration and recorded in the trademark register. This may happen due to incorrect filing, expired trademark registrations being available on the log after their due dates, or simply being registered incorrectly. The Indian Trademark Act provides us with the means of seeking to rectify our trademark registration in such situations.

Before diving further into Trademark Rectification, let us first understand what "Trademark Rectification" entails and when it appears in trademark registration. Trademark Rectification refers to any modifications, rectifications, alterations, or modifications performed on registered trademarks or in the Register of Trademarks that change, modify, rectify, or alter them, thus becoming part of their registration status.

Chapter VII of India's Trademark Act 1999 establishes rights related to trademark rectification. Section 57 states that anyone concerned by an entry in the trademark register may file an application for trademark rectification; however, trademark rectification may not always work, and an error could lead to the cancellation of your trademark registration.

Consequences of Correcting Your Trademark with a Valid Mark

Where it can be proven that trademark registration was without bona fide intent on the applicant's part, an order can be issued to delete that Trademark from registers, provided it was not legitimately used up until three months before and five years after registration.

Note: Five years are calculated from the date on which a mark was first submitted for registration—for instance, on the date on which registration was requested—not from its application date.

Once an application has been received, the Registrar sends notice to the applicant's owner to record a counterexample. Following this step, proof-stage proceedings begin, wherein applicants must provide evidence about the Trademark through an Affidavit and complete consultation before making a final decision regarding their request.

To protect your registered Trademark from being altered or deleted, take necessary measures, such as renewing it every few years or using it for five years without leaving it idle.

What Is the Rectification of Trademarks?

A trademark is an intellectual property right that protects a unique mark, symbol, design, or expression that distinguishes one product from others in the market. A registered mark must abide by all standards outlined by the Trademark Act if there are any errors within it; should there be any discrepancies, then rectifying and correcting can take place to fix errors and make the trademark eligible for registration.

Rectifying a trademark is a legal procedure to fix or correct any inaccuracies in its details as recorded in trademark registers. A trademark could have been incorrectly registered during registration or may still remain on the register after its expiration; either way, the Indian Trademark Act provides for filing for rectification.

Who Can File for Trademark Rectification?

Anyone offended by a similar mark
The trademark owner can record any discrepancies and file for correction; third-party complaints from anyone misled by that mark can also be filed.

Note: An applicant who wants a trademark removed must present evidence when applying to have it taken off the register of trademarks.

How Will Rectification Affect My Trademark?

Once an application for rectification has been filed, the applicant is allowed an opportunity to be heard; they may choose whether to expel, drop, or rectify their trademark entry in the registry.

What Are The Common Grounds For Submitting a Trademark Rectification Application in India?

The following are typical justifications for submitting trademark correction applications in India:

Not using the registered trademark for over five years or more.
Non-renewal of the existing trademark.
To keep abreast of changes, amendments, and modifications to registered trademarks that reflect current technological developments.
Adding or including certain classes of goods or services that fall outside its business scope if this registration applies
Any violation of any of the grounds set out in Sections 9 and 11 of the Indian Trade Marks Act 1999;
Missing entries such as disclaimers, conditions, and confinements.
Where registration was acquired through distortion of existing registration and requires sufficient justification for registration.
Situation wherein an inequitable mark remained incorrectly on the register and caused confusion within the marketplace.
If the reinstall needs to be paid,
A trademark could also be removed from the register if its registration was obtained through fraud, suppression of material facts, or false statements made regarding those facts.

Where should I file for trademark rectification or cancellation?

An application to rectify or cancel a trademark registration can be filed before the Trademark Registry in any one of four jurisdictions in India: Delhi, Mumbai, Kolkata, Chennai, or Ahmadabad.

How Can We Prevent Trademark Rectification?

Renew Your Registration for a Trademark
Protect Them
Maintain Use Over 5 Years.
Take immediate legal action as soon as any infringements have been identified.

Registration Procedure for Trademark Rectification

In situations in which a trademark registrar has designated a registration as "Formalities Check" or "Send Back to EDP," then the applicant has an opportunity of being heard or rectifying any errors reported by the trademark examiner. A change must be implemented as soon as possible to address them all.

Form TM-O is used to request a correction to a trademark registration and must be filed three times.
To ensure the rectification application is filed successfully, it is imperative that your trademark application clearly outline all grounds on which rectification can take place. Your arguments should be strong enough with sufficient evidence supporting them to get it done successfully.
To ensure successful Trademark Rectification, it is strongly suggested to seek assistance from an expert who is very aware of all the latest updates and advancements within the trademark market.
Dobizindia Business Solution Pvt. Ltd. boasts an experienced and skilled team available to offer their services for trademark rectification, registration, and objection tasks.