Trademarks Rectification

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Trademarks Rectification

What is Trademark Rectification?

On successful trademark registration, as a client, you may breathe in complete relax mode, well of course it was not so easy to get the trademark registration certificate within turn-around time, however, what if one day you receive a rectification notice, which is initiated by the third party against your trademark registration. Before we go in deep into the subject you must know what is trademark rectification and when does it appear in a trademark registration?

Rectification and Correction of the Register

Trademark rectification refers to any kind of alteration, change, modification, or rectification in any registered trademark or in the Register of Trademarks and is known as trademark rectification or rectification of the trademark register, by such aggrieved party. The rights regarding the trademark rectification in India is governed by the Chapter VII of the Trade Marks Act of 1999. Under section 57 of the Trademark Act 1999, any person aggrieved of such entry in the trademark register can file an application of the trademark rectification. However in certain case, the consequences can be cancellation of the trademark registration.

Who can file Trademark Rectification

The trademark rectification application can be filed by the following persons:-

a)      It can be filed by the owner of the trademark itself for removing the certain error.

b)      It may also be filed by any other person or entity being aggrieved by such entry.

Note: that convincing evidence are to be submitted by the applicant, especially in the case of removal of any registered trademark of any other person/entity from the register of trademarks.

Ground for Filling Rectification Application

The Common Grounds for Filing an Application for Trademark Rectification in India are given below:–

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