Tag: trademark rectification

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What Is Trademark Rectification ?

What Is Trademark Rectification ?

What is Trademark Rectification?

Trademark rectification is needed when there is a need for any kind of alteration, change, modification or rectification in the registered mark or in the register of trademarks, or rectification of the trademark register by such aggrieved party.

Trademark rectification rights in India is governed by chapter VII of the trademark Act, 1999. Under section 57 of the Trademarks Act, any person who is aggrieved by the entry in the trademark register can file for trademark rectification before the registrar of trademarks. However, in certain cases consequences can be cancellation of trademark registration.

Who can file Trademark Rectification?

  1. It can be filed by the owner of the trademark itself, or
  2. It may also be filed by the party or entity being aggrieved by such entry.

Common grounds for filing Trademark rectification in India

  1. Due to latest knowledge or advancement
  2. Due to non-use of registered trademark for over 5 years by the registered owner.
  3. Due to non-renewal of the original or previous registration of the trademark.
  4. In cases where inclusion of addition of certain more classes of goods or services to the business gamut of the registered trademark.
  5. Conditions which are beyond any more grounds stipulated in section 9 and 11 of the Indian Trademark Act, 1999.
  6. The certain omission of any entry eg, a disclaimer, condition or limitation.
  7. Where the registration is obtained by misrepresentation of facts, similar to an earlier mark registered and lacks sufficient cause for registration.
  8. Cases where mark was wrongly remaining on the register and causing or likely to cause confusion.
  9. When the renewal fee has not been paid.

Procedure for Trademark Rectification In India

Procedure for Trademark rectification in India includes following hings-

In cases where trademark registry has marked the trademark application as Formality check or send back to EDP, therefore in this case option of rectification and of being is being given and it requires to be resubmitted. In such cases, rectification deed is required to be prepared to address all the concerns of the trademark examiner-

  • TM-O form is required to be filled in order to file trademark rectification.
  • Make sure that your trademark rectification application is a clear and crisp statement of grounds related to the application.
  • You must support your arguments with strong evidence to support rectification of the specified trademark.

We have immense and diversified experience in handling Trademark rectification cases and shall suggest more professional ways to avoid trademark rectification. 

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How to rectify your already registered Trademark

How to rectify your already registered Trademark

Trademark rectification is a legal procedure that is applied to correct the error which has been made in the Trademark Application. Or this Application is filed to correct the error or to do changes in the already applied Trademark application. There are two prominent reasons for doing so and they are as follows:-

 

  1. The Mark which might be wrongly registered.
  2. Or if the Mark is still in the Trademark registry after it has been expired.

 

Trademark Rectification: Eligibility Criteria

 

  1. Anyone whose Trademark is registered into registry in a wrong way.
  2. Anyone whose Trademark application had the correct mark, but the data registered in the register was wrong.
  3. Anyone whose Trademark registration period of 10 years is over and the mark ar still present.
  4. Anyone who wants to cancel the Trademark registration.

 

For applying for Trademark rectification one must have Trademark registration of the same first after then only that person can apply for Trademark Rectification.

 

What are the grounds for trademark Rectification or Trademark Cancellation?

 

  1. The Trademark registration was done without proper means. Or the Registration has been obtained through untrue representation of facts, or the Trademark has already been registered.
  2. The Trademark is still inside the registry even after there is some case against it or that Trademark can create some confusion.
  3. If there are changes, amendments or modifications needed to be made to a registered Trademark according to the most recent advancement.
  4. If the Trademark is not being used by a  person from over 5 years.
  5. If the Trademark hasn’t been renewed after its prescribed time of 10 years.
  6. If the trademark registration has been obtained through unscrupulous or by fraud.
  7. If more classes is to be needed in the same Trademark.

 

Where is Trademark Rectification Application is filed?

 

In order to file the Trademark rectification application, it can be filed either physical by going to trademark registry or by it can also be filed online by filling a form. However more physical approach is recommended.

 

Trademark Rectification Procedure

 

  1. Filing the application for Trademark rectification in a prescribed format, through prescribed fee and through prescribed individuals.
  2. The application should include the case statement.
  3. Once you have finished the application, you can submit it to either Registrar or IPAB.
  4. After the registrar receives the application they are going to make contact with the registered proprietor of the mark to give counter statement.
  5. As the counter statement arrives to the evidence stage, the parties are required to file their evidences in an affidavit form.
  6. After this, a hearing happens and the order for subsequent removal or rectification for Trademark is passed.

 

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