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Trademark Rectification
Any sort of changes, modification, rectification or alteration performed in the registered trademark or in the Register of Trademarks is known as Trademark Rectification.
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Overview of Trademark Rectification
Trademark rectification is the lawful process employed to rectify errors or omissions that occur after the completion of trademark registration and subsequent entry into the trademark registry. It’s plausible that the trademark was inaccurately registered or remained listed in the registry even post-expiration. The Indian Trademark Act provides a remedy through the avenue of filing for rectification in such scenarios.
Diving deeper into the concept of trademark rectification, let’s elucidate its occurrence within trademark registration. Any alteration, modification, or correction executed within the registered trademark or the Register of Trademarks falls under the purview of trademark rectification.
In India, the provisions pertaining to trademark rectification are outlined in Chapter VII of the Trademark Act of 1999. Section 57 of the Trademark Act 1999 stipulates that any concerned individual regarding an entry in the trademark register has the right to submit an application for trademark rectification. However, it’s imperative to note that trademark rectification isn’t applicable in every circumstance, and erroneous actions may lead to the annulment of trademark registration.
Diving deeper into the concept of trademark rectification, let’s elucidate its occurrence within trademark registration. Any alteration, modification, or correction executed within the registered trademark or the Register of Trademarks falls under the purview of trademark rectification.
In India, the provisions pertaining to trademark rectification are outlined in Chapter VII of the Trademark Act of 1999. Section 57 of the Trademark Act 1999 stipulates that any concerned individual regarding an entry in the trademark register has the right to submit an application for trademark rectification. However, it’s imperative to note that trademark rectification isn’t applicable in every circumstance, and erroneous actions may lead to the annulment of trademark registration.
Who can File for Trademark Rectification?
- Any individual affected by the mark, particularly if it bears resemblance to an existing mark.
- The trademark owner has the authority to identify the mistake and initiate the process to rectify it.
- Any unrelated party or entity deceived by the mark also has the right to submit the application for rectification.
Note- Please be advised that the applicant must provide evidence when seeking the elimination of any registered trademark from the trademark registry.
Registration Procedure for Trademark Rectification
- In scenarios where the trademark registrar has marked the trademark registration for Formalities Check or sent it back to EDP, the applicant is granted a chance to present their case or rectify any errors. Consequently, the application must be resubmitted, ensuring that all reported errors by the trademark examiner are adequately addressed.
- The application form which is the Form TM-O is used for requesting rectification of trademark and it has to be filed in triplicate.
- It is important to ensure that the application for trademark clearly mentions and explains all the grounds on the basis of which the rectification application is filed.
- Ensure that your argument is substantiated with ample evidence to facilitate the rectification process.
- Furthermore, we strongly advise seeking assistance from a specialist in the event of Trademark Rectification. Engage the expertise of a knowledgeable trademark rectification consultant who stays abreast of the latest developments and advancements in the trademark industry.
FAQ's on Trademark Rectification
A standard practice done by the trademark
candidate is that they record applications in all the 45 classes in spite of the
fact
that the mark is really utilized for one or two classes. This is named as defensive
registration and the court has held in different cases that such registration ought
not
be supported. Hence, if your trademark rectification has been recorded against you
and
it is established that no expectation of really utilizing the mark as for the items
and
administrations the imprint is available an appeal for retraction can be petitioned
for
removal of the mark from the trade register.
The national statues- the trademarks Act 1999
and rules made such as International multilateral convention, national bilateral
treaty,
regional treaty, decision of courts etc.
Any person aggrieved by the registration of a trademark can apply for rectification
by showing the irregularities in the registration.
Any fraud carried out by the registrar, error in
registration, non-payment of registration, false entry made, are the grounds for
rectification.
The term trademark cancellation talks about the
application which are petitioned for removal of any recently registered trademark
(or
service mark) from the register of trademarks.
The application can be made yet on the off
chance that the suit is pending under the watchful eye of the civil court with
respect
to the legitimacy of trademark then the meeting must be directed by the IPAB and not
the
registrar.
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