What does Trademark Rectification mean?
It refers to an alteration, change, modification, or rectification in any registered trademark or in the Register of Trademarks by such aggrieved party.
The Chapter VII of the Trade Marks Act of 1999 governs the rights regarding the trademark rectification in India. The trademark rectification application can be filed by the aggrieved person under section 57 of the Trademark Act 1999. However, Cancellation of the trademark registration may be the consequences in some cases.
Who all are eligible to file Trademark Rectification?
- The owner of the trademark itself can file the application of trademark rectification for removing the certain error.
- Any other person or entity can file the application for trademark rectification who are aggrieved by such entry.
Note: Where the applicant wants to remove the registered trademark of other person/entity from the trademark’s register, then such applicant is required to submit the convincing evidences to the registrar.
What are the main reasons for Filing an Application for Trademark Rectification in India?
- Latest knowledge or advancement may be the reason for rectification.
- Where the registered trademark owner has not used his registered trademark from the last 5 years.
- Where the original or previous registration of the trademark has not been applied for non-renewal.
- Where the certain goods and / or services have been added or deleted to the business gamut of the registered trademark.
- Where the conditions specified in Section 9 and Section 11 of the Indian Trade Marks Act of 1999 are not met.
- Where any entry has been omitted e.g. a disclaimer, a condition or a limitation.
- Where the applicant has obtained the registration by misrepresentation of, facts, similar to an earlier mark registered and lacks sufficient cause for registration or any other reasons.
- Where the incorrect mark is recorded in the trademark register due to it is likely to cause confusion.
- Where the applicant has failed to pay the renewal fees.
What is the Trademark Rectification Reply Fees?
Rectification deed of trademark
Rs. 4999 (Excluding GST) +Government Fees (Online 2700+ GST and Offline 3000+GST)
Rectification reply of trademark + End to end service and follow ups
Rs. 9999 (Excluding GST) + Government Fees (Online 2700+ GST and Offline 3000+GST)
What are the steps for Trademark Rectification in India?
Following are the steps for trademark rectification in India:
Rectification process and the opportunity of being heard shall be given where the trademark registrar has marked the trademark registration as Formalities Chk or Send back to EDP. In order to solve all the concerns of the trademark examiner, the rectification deed is required to be prepared.
- Form TM-O is filed in triplicate for demanding the trademark rectification
- The application for trademark rectification must be clear and precise along with the crisp statement of grounds.
- Arguments must be supported along with strong evidence for the rectification of the trademark.
What would happen in case of Valid Trademark Rectification on Your Trademark?
The registered trademark can be removed from the register of trademark in the below mentioned cases:
In case the trademark has not been put to use and the period of 5 years from the registration has been elapsed
Where the registration has been obtained without bona fide intention on the part of the applicant for registration
Where the trade mark has not been used up to a date 3 months before the date of application.
Note The period of 5 years is to be calculated from the date on which the registration was ordered to be made and not from the date of the application.
What is the procedure to avoid Trademark Rectification?
- Trademark registration is required to be renewed on a continuous basis.
- Mark’s distinctive character must be preserved by doing all the necessary and possible things.
- The registered trademark must be put to use as non –continuous use for 5 years may result in cancellation or rejection of the registered trademark.
Necessary and as appropriate legal actions must be taken where any infringement is observed.
Frequently Asked Questions about Trademark Rectification
Removal of any previously registered trademark (or service mark) from the register of trademarks is filed by an application which is known as the cancellation of trademark.
The mark for which the application is registered is based on the 1 or 2 classes, applications is filed by the trademark applicant in all the 45 classes which is known as defensive registration and such registrations are not encouraged by the court in various cases.
Deed and filing of trademark rectification shall be done in just 5-10 days by the India Financial.
Whenever you receive a notice for rectification of trademark. You must consult the trademark expert, and are required to interact professionally along with the clear evidence required for the removal of rectification of trademark. The possibility of registration of your trademark is more. So there's no reason for your application to be canceled.