What Is The Process To Rectify The Already Registered Trademark In India

Trademark rectification is a legal procedure that is done to correct or rectify the error that has been done or made in the Trademark that has been put inside the Trademark registry. It is done when trademark has been wrongly registered or or when the mark is still in the trademark Registry after it has been expired (gone beyond the 10 year limit).

 

Trademark Rectification- Eligibility criteria

 

1. Anyone whose Trademark has been entered into the registry in a wrong way.
2. Anyone whose Trademark Application ahd the correct mark but the data which was entered in the register was wrong.
3. Anyone whose Trademark registration period of 10 years is over and the mark are still present.
4. Anyone who wants to cancel the trademark registration.

 

Trademark Rectification can be applied only when anyone’s Trademark is registered. If anyone’s Trademark is not registered then Rectification for trademark cannot be applied.

 

What are the grounds of trademark rectification or Trademark Cancellation?

 

1. If the trademark registration was done without any proper means, or if the Registration was obtained through untrue representation of facts, or if the Trademark was already been registered.
2. The Trademark is still inside the registry even after either there is a case againsts it, or the Trademark can create confusion.
3. If there are changes, amendment, or modification needed to be made to a registered Trademark according to the more recent advancement.
4. If a Trademark is registered but hasn’t been using it for more than 5 years.
5. If the Trademark hasn’t been renewed after its prescribed time of 10 years.
6. If the Trademark Registration have been obtained using unsrupulous means or fraud, then the Trademark can be expunged from the Trademark registry.
7. If there are any evidences pertaining to the non conformity of the Trademark registered on the grounds present in the Indian Trademark Act.
8. If more classes need to be included or added to the Registered Trademark.

 

Where is Trademark rectification Application filed?

 

Trademark rectification application is to be filed before the Trademark registry or either you can apply the rectification application of Trademark online also. However more physical approach is recommended.

 

Trademark Rectification Procedure

 

1. Firstly you need to file the Application for Trademark Rectification, and for filing there is a prescribed fees and format provided.
2. The application should include the case statement.
3. Once you have finished the Application, you can submit it either to the 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 format.
6. After this a haring happens, and the order for subsequent removal or rectification of Trademark is passed.

 

Want to register trademark in India or get it rectified , consult BIATConsultant now .