An Introduction to Trademark Rectification in India

Trademark Rectification in India

The process of rectification is defined as the legal procedure for correcting or rectifying an error or omission in the trademark detail. It is done when the registration process is already completed it is recorded on the trademark register. There can be numerous reasons for trademark rectification. Therefore, under the Indian trademarks Act the trademark owner can file for the rectification of the registered trademark under the Ministry of Corporate Affairs.

Eligibility:

Any person or company which has a registered trademark has the right to file for the rectification process of mark.

Reasons for trademark rectification:

Provided below are the essential reasons for trademark rectification application filing:

• The trademark registration was done without a sufficient cause or it was done with misinterpretation of facts causing similarity with previously registered trademarks.
• The registration mark was in the register against legal provisions, which may cause confusion.
• For making any changes, amendment or modification in the registered trademark, as per the latest advancements or rules
• When the trademark has been in non-use for more than 5 years by the registered owner
• When there is fallacy in the renewal of the original or previous trademark registration.
• The situation of expunging of the trademark registration, if it is obtained by fraud means.
• When there is addition of certain more class of goods or services, against the business extent of trademark registration criteria.
• The non-conformity with any grounds as stated in section 9 and section 11 of the Indian Trade Marks Act of 1999. 

Process of trademark registration: 

• The applicant for the rectification should fill the application form in accordance to the guidelines.
• The form should include the statement of case and submit it along with the prescribed nominal fee.
• The application should be submitted to registrar of trademark or IPAB.
• With the receipt of the application the registrar serves notice to registered proprietor for a counter statement.
• After the counter statement is filed, both the parties have to file their respective evidences in form of affidavit.
• Then after final hearing, the order for rectification is passed.

The process of trademark rectification is very complex and time consuming. Checking the criteria and filing the application may cause stress to the applicant. But, with Trademark rectification or cancellation services by law firm across the nations, your application will be filed easily and correctly. These firms offer excellent legal services at very reasonable prices to save your time and effort.