What is Trademark ?
A trademark is a distinct symbol or emblem that distinguishes one product, similar to an individual’s unique birthmark. To establish the trademark’s originality and exclusivity, it must be registered in accordance with the Trademark Act and Rules. When registering for a trademark, or even after it has been registered, if the applicant discovers minor flaws or believes changes are required, they can commence a rectification process with the Registrar. At India Filings, we provide complete Trademark Rectification services to help clients navigate this important area of trademark management.
Trademark Rectification involves correcting errors or omissions in the trademark register that occur after the initial registration of trademarks. This process addresses situations where a trademark may have been erroneously registered or remains in the register even after expiration. Such circumstances demand rectification, and the Indian Trademark Act has measures for this.
The correction provisions are outlined in Chapter 7 of the 1999 Trademark Act.
Section 57 of the Act provides that any anyone associated with trademark registration or negatively affected has the right to seek rectification. It is crucial to note that not all instances qualify for rectification, and in some cases, rectification may result in the termination of the trademark registration. As a result, this procedure should be approached with prudence.
Trademark rectification is the legal process to correct errors or inaccuracies in registered trademarks. This procedure ensures that trademarks accurately represent the goods or services they are intended to protect, thereby maintaining the integrity of intellectual property rights.
Trademark rectification is a critical process within the scope of trademark law, especially for maintaining the accuracy and integrity of a trademark registry. Here are several key points that highlight the importance of trademark rectification:
Correcting Errors in Registration Details
Avoiding Legal Conflicts
Enhancing Market Clarity
Protecting Intellectual Property
Compliance with Legal Standards
Economic Implications
Reasons for trademark rectification can be classified as follows:
Errors in the Application Form: This includes inaccuracies in the application form submitted for trademark registration, such as supplying the incorrect address or contact information.
Incorrect Trademark Details: Rectification may be required when there are errors or discrepancies in the information pertaining to the trademark’s class, description, classification, or design.
Inaccurate Information at Registration: Situations may arise in which the information submitted during the initial registration of the trademark was erroneous, necessitating rectification.
Updates to Application Information: Changes in application details, such as changes to the applicant’s name or residence, may demand rectification.
Non-Use After Five Years and Three Months: Trademarks that have not been used for five years and three months may be eligible for removal from the register.
Registrar-Approved Grounds: Any extra grounds for correction that the Registrar has approved and established as valid causes for rectification.
Distressed Party’s Application: When an aggrieved party requests for the rectification or removal of a trademark, the Registrar may issue a rectification order based on the merits of the application.
The following individuals or entities can file an application for Trademark Rectification as per the Trademark Act:
Person Aggrieved
Any anyone who is dissatisfied with issues such as the mark’s resemblance or the registration of a mark for harmful intentions may file for Trademark Rectification. This can be done at any office with the proper jurisdiction.
Trademark Holder
When a trademark proprietor notices errors or omissions in their own trademark, they have the right to remedy them and submit for rectification. It is crucial to understand that an offended party is not the only one who can seek for correction under trademark law.
Third Party
Any third-party individual or entity, distinct from the trademark holder or the aggrieved person, can also initiate the process of Trademark Rectification. This is applicable in cases where there has been a misunderstanding or where the use of a trademark infringes upon societal interests or a part of society. It is critical to realise that entities other than those directly impacted or in possession of the trademark may seek rectification. A third party can apply for rectification.
The applicant may submit a Trademark Rectification application to the appropriate authority, which may include the Trademark Registry with jurisdiction, the Appellate Board, or the Tribunal, depending on the circumstances and where an order for rectification may be issued. Jurisdiction is an important consideration in both Trademark Registration and Trademark Rectification processes.
Typically, a Trademark Rectification application is filed at the same trademark office as the original registration application. The primary offices connected with Trademark Jurisdiction are:
DELHI
MUMBAI
KOLKATA
CHENNAI
AHMEDABAD
These offices are critical for managing Trademark Jurisdiction issues and allowing applicants to file Trademark Rectification petitions when needed.
Depending on your situation, you can request rectification through three separate application processes.
Correction or Cancellation Requested by the Trademark Owner: If the trademark proprietor desires to commence correction, they should submit the “TM-16” form, together with the relevant payments and fees.
Rectification or Cancellation Initiated by the Registrar: When the registrar initiates rectification, use the appropriate form “TM-M,” along with the relevant fees as prescribed.
Rectification or Cancellation Initiated by the Registrar: When the registrar initiates rectification, use the appropriate form “TM-M,” along with the specified fees.
Rectification or Cancellation Initiated by the Registrar: When the registrar initiates rectification, use the appropriate form “TM-M,” along with the specified fees.
Drafting the Application
The applicant begins by carefully preparing the correction application, ensuring that all required information is included. Precision is essential in this phase, since any errors will result in application rejection.
Form Filling
After writing the application, the Trademark Registrar must receive the completed form and the specified payments. This step is required to initiate the rectification process.
Document Submission
Following form submission, the applicant must give the relevant documents for correction, ensuring proper formatting and including proofs, such as identity documents, address proof, or PAN details, if any changes are required.
Document Verification
Once submitted, the documents are verified by the appropriate authorities. If the verification is successful and meets the authorities’ requirements, the process will proceed. However, if the verification is satisfactory, the application may be approved.
Final Process
After hearing both parties and analysing evidence, the Registrar or Appellate Court gives a decision that concludes the verification process. This ruling may require rectification, addition, variation, or substitute in the trademark registry, as judged appropriate.
When an aggrieved person initiates rectification, the process involves the following steps:
Filing for Rectification
The aggrieved individual prepares a rectification request using Form TM-26, outlining reasons for correction, and submits it to the Registrar along with the required fees.
Notice to the Trademark Holder
The Registrar sends a notification to the trademark holder, requesting that they file a counter statement in response to the correction requested by the aggrieved party.
Affidavit and Evidence
Both parties must provide affidavits along with pertinent proof.
Verification & Decision
The Registrar or Appellate Board evaluates the paperwork and hears both sides. The final decision may include rectification, addition, removal, or cancellation of the trademark, at their discretion.
Trademark rectification can result in the removal of a registered trademark, however this decision is made after a comprehensive review of all relevant facts. A trademark that has been unused for five years or has not seen real market use in three years or longer is subject to removal from the Trademark Register. A registered trademark must maintain its visibility and reputation in the market. Please do so to prevent trademark cancellation or temporary removal.
Blacktie offering trademark rectification services can help address errors or issues with registered trademarks. Here’s a breakdown of what we can typically do:
Additional services-
Trademark Rectification is a critical process that corrects flaws or inconsistencies in trademark registration. Blacktie Legala Services India LLP is a useful tool for navigating this process efficiently and successfully. If you need help with trademark registration, correction, renewal, or objection filing, Blacktie is team of professionals is available to help. Feel free to contact Blacktie if you have any trademark-related questions or need help.
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