Trademark

Trademark Rectification

Overview

Rectification is the process that if any person is aggrieved by an error or an omission that has been remaining in the details of a trademark as recorded in the trademark register, after the trademark registration. In such a situation a person is entitled to file an application for rectification or cancellation for removal of a registered trademark.
Provides benefit of removing an error.
Provide right to file petition for cancellation.
Trademark rectification provides various grounds to file an application
  • Misrepresentation of facts
  • Mark is against some legal provisions
  • Making any changes or amendments
  • Modifications
  • Mark is against some legal provisions
  • Inclusion and exclusion of certain classes of trademark
Application form

Application form regarding cancellation or rectification of trademark is to be filed. The Form TM-26 or Form TM-43 for collective or certification marks.

Proper Reason

An application form must be filed with clear statement of grounds for rectification or cancellation of trademark.

Evidences

For rectification or removal of registered trademark it is important to provide evidence of specified trademark.

Application form

Application form regarding cancellation or rectification of trademark is to be filed. The Form TM-26 or Form TM-43 for collective or certification marks.

Proper Reason

An application form must be filed with clear statement of grounds for rectification or cancellation of trademark.

Evidences

For rectification or removal of registered trademark it is important to provide evidence of specified trademark.

FAQS

An application can be filed before the Trademarks Registry where the application for its registration was filed or at the Appellate Board.
Filing a rectification can be done on the following grounds: o Contravention or failure to observe a condition entered in the Register o The Register suffers from the absence or omission of an entry e.g. a disclaimer, a condition or a limitation on the registered mark. o The entry made in the Register was made without any sufficient cause i.e. registration was obtained by fraud or misrepresentation of facts or the mark registered was similar to an already registered mark, etc. o Error or defect in any entry made in the Register. o The entered mark was wrongly remaining on the Register. o The renewal fee has not been paid.
Any person who is aggrieved by the absence or omission from the register of any entry.
Following documents are required for filing a rectification of trademark: 1. An application is to be made in triplicate on the requisite form 2. A statement of case, setting out the nature of the Applicant’s interest, facts upon which the case is based and the relief that is sought.
The permissible amendments under the Trademarks Act are as follows: o Amendment/correction in the name, address or description of the registered proprietor o Cancel the entry of a trademark on the Register o Amendment of user date o Amendment in the specification of goods and/or services.
Yes , you are allowed as per the trademark law in India to correct an application only for minor changes and not for changes that affect the identity of the trademark. The amendment can be made before or after registration of the trademark application.
Cancellation of a trademark is a process in when a person seeks to remove a registered trademark from the register. This can be done: – o If it is proved that the trademark was registered without any bona fide intention of use by the owner o If the trademark hasn’t been used for a continuous period of five (5) years from the date of registration of the mark.
The Tribunal i.e. the Registrar or the Appellate Board, after giving a notice as well as an opportunity of being heard to the concerned parties, may either cancel, vary, add or remove the entry in question.
The Act provides for rectification of the register. Any person, aggrieved by an entry wrongly made or wrongly remaining on the register of trademark, is entitled to file a petition for: o Rectification of the Trademark in the Register o Cancellation of Registration or removal of the registered mark.

List of Documents

  • Statement of case
  • Application in Triplicate on the Requisite Form
  • Relief sought

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