Overview of Trademark Rectification
Rectification is the legitimate technique to address or correct a mistake or an omission that has been made after the Trademark Registration is done and has been recorded in the trademark register. It is possible that the trademark has been registered in a wrong manner or it may remain available on the register even after expiry. The Indian Trademark Act provides us with the solution to file for rectification in such cases.
Proceeding further into Trademark Rectification lets first understand what “Trademark Rectification” is and when does it appear in trademark registration? Any sort of changes, modification, rectification or alteration performed in the registered trademark or in the Register of Trademarks is known as Trademark Rectification.
In India Chapter VII of the Trademark Act of 1999 governs the right related to trademark rectification. Section 57 of the Trademark Act 1999 states that any individual concerned of such entry in the trademark register can file an application for the trademark rectification. However, trademark rectification does not work in every situation and error can lead to cancellation of trademark registration.
What is Rectification of Trademark?
Trademark is an intellectual property right which protects unique mark, symbol, design, expression, etc of a product which distinguishes it from other products in the market. The registered mark has to be according to the norms of the Trademark Act. If there is any error in the trademark then a process of rectification is followed which rectifies r corrects the trademark and makes it eligible for trademark registration.
Rectification of trademark is a legal procedure to rectify or correct any error or omission that was made in the particulars of a trademark as has been recorded in the registers of trademark. A mark may get wrongly registered during the trademark registration or may even remain in the registers of trademark after its expiry. In all these cases, the Indian Trademark Act has a provision for filing for rectification of the registered trademark.
Who can file for Trademark Rectification?
Note: The applicant is required to submit the proof whenever he is filing for removal of any registered trademark from the register of trademarks.
How Rectification affects the Trademark?
After the application of rectification is filed, the applicant is given the opportunity of being heard and accordingly they may expel, drop, or rectify the trademark entry in the registry.
What are the Common Grounds for filling an application for Trademark Rectification in India ?
The common grounds on the basis of which the application for rectification is filed are:
Where to file for trademark rectification?
An application for trademark rectification or cancellation can be filed before the Trademark Registry in the respective trademark jurisdiction i.e. Delhi, Mumbai, Kolkata, Chennai and Ahmadabad where the application of trademark was filed originally for obtaining the registration.
How to avoid Trademark Rectification?
Registration Procedure for Trademark Rectification
Corpbiz has a team of experts and professionals who willingly provide their masterly services for all tasks related to Trademark rectification, trademark registration, trademark objection.
Consequences of Valid Trademark Rectification on Your Trademark
When it is proved that trademark was registered without any bonafide intention on the applicant’s part then the order can be made to remove that trademark from the registers and where the trademark has not been bonafidely used upto the date of three months before the application date and 5 years have passed after the registration.
Note: The time of five years is to be determined from the date on which the mark was put for registration for example the date on which the registration was requested to be made and not from the date of the application.
On receipt of the application, the Registrar serves notice to the applicant owner to record a counter explanation. When the counter explanation is framed the issue shows up at the proof stage where the applicant is required to record their particular proof about the trademark as an Affidavit. After this, there will be a consultation. In this way, the request is passed.
To protect your registered trademark from rectification or cancellation or removal you need to adopt necessary precaution for example the trademark renewal every once in a while, or to continue using the trademark and not keep it unused beyond the period of five years.
What are the Services offered by Corpbiz With Respect to Trademark Rectification?
Our Services for Trademark Rectification: