Tag: trademark rectify in india

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.