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A Complete Overview of Trademark Rectification - BizAdvisors

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A Complete Overview of Trademark Rectification

A Complete Overview of Trademark Rectification

Trademark Rectification refers to the modification, alteration, or unique changeover of the registered trademark, which has been erroneously depicted in its true sense somehow. It permits the proprietor of the brand to do a change in the registered trademark. As it is unambiguous that Trademark plays a crucial role in determining the authenticity of a particular brand. Therefore, it is significant for the proprietor of a specific brand to analyze the nuances concerning the procedural format of trademark registration with a broader perspective and a conspicuous vision. If the trademark has not been properly registered with the essential information and other necessary specifications of the product, then the proprietor of that brand can go for Trademark Rectification. Trademark Rectification has its procedural format, which regulates through the medium of Chapter VII of the Trademark Act of 1999. Section 57 of the Trademark Act, 1999 authorizes a proprietor of a particular brand to file a Trademark Rectification.

Trademark Rectification

A trademark’s particulars that have been recorded in the registers of the trademark can be corrected legally by using the process known as “rectification of trademark.” An incorrect trademark registration may occur, and a mark may even continue to exist in the trademark registers after it has expired. The Indian Trademark Act offers a provision for filing for the registered trademark’s rectification in each of these circumstances.

Eligibility Criterion

Following are the qualifying standards concerning the Trademark Rectification:

• Anyone who is offended by the mark, especially if it resembles an already-used mark

• The trademark owner may report the mistake on his or her own and request it to be corrected.

• Any third party, another person, or organization which believes that the mark is misleading

• The applicant must always provide proof when requesting the removal of any registered trademark from the register of trademarks.

What are the common grounds for submitting a Trademark Rectification application in India?

The following common justifications are used to support the application for rectification:

• Not using the trademark for at least five years after it was registered.

• Cancellation of the prior trademark

• Due to the most recent updates, alterations, and additions about the registered trademark given the most recent development

• Addition of the inclusion of a class of goods or services that is outside the registered trademark’s intended business range

• Conditions that do not meet any of the requirements listed in Sections 9 and 11 of the Indian Trade Marks Act of 1999[1].

• The explicit omission of an entry, such as a warning, a requirement, or a restriction

• Where the registration was obtained through distorting an already registered mark, there must be a good basis for the registration.

• Incorrectly keeping the mark on the register in this situation led to market misunderstanding

• While the renewal fee is still owed

• If a trademark registration was obtained fraudulently, by omitting a crucial piece of information, or by making a false statement or factual misrepresentation, it may be struck from the register.

How can you apply for Trademark Rectification?

The procedure for applying for the Trademark Rectification is listed below and is broken down into three categories, namely:

Trademark Rescission or Remediation Initiated by the Trademark Proprietor: Submit the TM-16 Form with the required fees

Trademark Rescission or Remediation Initiated by the Registrar: Submit the TM-M Form with the required fees

Trademark Revocation or Remediation Initiated by Any Individual: Submit the TM-26 Form with the required fees.

Procedure

The specific procedure for Trademark Rectification is the same whether the owner or the registrar initiates it.

The steps are as follows:

Drafting the Application

The applicant must first complete the pertinent Form with all the necessary information.

  • Submitting an application:

The applicant must next submit the Form and associated payments to the Trademark Registrar.

  • Submitting Required Documentation:

The trademark owner should apply along with the necessary papers and revisions (depending on the alterations required) for supporting the modification address or identity proof after filing the application form for rectification or cancellation.

  • Governmental approval:

The Registrar’s approval is required before any necessary alterations to the Register are made. When a person initiates a cancellation or rectification, the following steps must be followed: the person must apply in the relevant form, as described above, along with the justification for the rectification, and send it to the Trademark Registrar along with the applicable fees.

Following then, the trademark registrar will notify the trademark owner to submit a counter statement. Affidavits including proof from each party must be filed.

Impact of a Valid Trademark Rectification on Your Trademark

When it is established that a trademark was registered without the applicant’s genuine intent, an order can be made to have it struck from the registers, provided that five years have passed since the trademark’s registration and that it has not been legitimately used during the three months before the application date.

The five years must be calculated starting from the date the mark was submitted for registration, such as the day the registration was sought, and not from the date of the application.

When the application is received, the Registrar notifies the applicant’s owner to submit a counter explanation. The issue arises at the evidence stage, where the applicant is expected to register their unique trademark proof as an affidavit when the counter explanation is framed. There will be a consultation after this. In this manner, the application is processed.

You must take the required precautions, such as periodically renewing your registered trademark, keeping it in use, and not letting it lapse for longer than five years, to protect it against correction, cancellation, or removal.

Conclusion

The aforementioned text imparts an unambiguous picturesque of the structural pattern of the Trademark Rectification. Trademark Rectification plays a crucial role in determining the standards of the trademark by providing a new identity to a specific brand by channelizing essential specifications of the product in a well-organized format. It can be considered an art, which provides legal synchronization in transfiguring the nuances concerning the brand to a larger extent, which had been earlier wrongly substantiated. Our legal luminaries at BizAdvisors.io provide a robust support system in the context of assisting individuals to easily file Trademark Rectification on a wide platform. You can freely contact our legal consultants at BizAdvisors.io for any kind of assistance or help in filing a Trademark Rectification without any difficulty.

Read our article:All You Need to Know About Trademark Assignment: An Ultimate Guide

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