A very useful technique for modifying and fixing trademark errors is trademark rectification. A trademark gives a company a unique identity and a competitive advantage, which makes it valuable. It follows that keeping accurate and current records is essential. Upon registration, a trademark applicant may choose to make changes or find errors by collaborating with the Registrar to start the rectification process. The process of registering and keeping a trademark may be challenging. It can be challenging to register and keep up a trademark. Even with extensive research, mistakes can still happen. It is essential to keep and maintain trademark accuracy up to date.
Trademark rectification is the formal procedure for correcting mistakes or disagreements in registered trademarks. This process guarantees that trademarks precisely reflect the goods or services they're meant to guard, upholding the integrity of intellectual property rights. Changes in ownership or business structure, typographical errors, or clerical errors may all necessitate trademark rectification. It protects trademarks against misunderstanding or exploitation in the marketplace by maintaining their validity and clarity.
Chapter 7 of the Trademark Act of 1999 outlines the rectification provisions. According to Section 57 of the Act, anyone who is associated with a trademark registration or has been adversely affected by one may seek Rectification. It is important to keep in mind that not all situations can be resolved, and in some cases, fixing an error may result in trademark registration being cancelled. Therefore, when managing this process, caution should be used.
Rectification of the Trademark is sometimes the best option for making small changes to your already registered Trademark despite its limitations. The right to correct a registered trademark offers the following advantages to the owner of the Trademark:
Any small error that remains in the mark or logo can be fixed.
There's no need to submit a fresh application for trademark registration.
There is no need to create a new entry; the current Trademark listed on the trademark register can be corrected.
Correcting an existing trademark instead of registering a new one saves money because the correction costs less than a new application.
Individual Aggrieved:
A Trademark Rectification request can be made by any person who feels wronged by something, such as the mark's similarity or its registration for illegal purposes.
Trademark Holder
The proprietor of a trademark possesses the entitlement to confront any inaccuracies or omissions concerning their own Trademark and to solicit remedies.
Third Party:
Any individual or group unrelated to the trademark holder or the person of their unfair treatment may also initiate the Trademark Rectification procedure.
Applications for trademark rectification can be filed with the Trademark Registry, Appellate Board, or Tribunal; each has the authority to order Rectification and jurisdiction over the matter. Jurisdiction is important for both trademark registration and trademark rectification.
The trademark office where the initial registration application was filed is typically where Trademark Rectification applications are filed. The following list includes the five primary offices for the Trademark Jurisdiction:
Mumbai
Chennai
Kolkata
Ahmedabad
Delhi
The forms that were used to file for trademark recognition are listed below:
The trademark holder must submit the TM-16 Form along with the required payment for any corrections or cancellations.
When the Registrar initiates Rectification or cancellation and pays the required fees, the trademark holder fills out the TM-M Form.
When the aggrieved individual initiates Rectification or cancellation, they must fill out Form TM-26 and pay the prescribed fees.
The reasons listed below can be used to have any trademark corrected in accordance with trademark laws:
You can file a Trademark Rectification application to correct a specific entry error, such as a disclaimer, conditions, or confinement.
In the event that the owner of the Trademark fails to pay the renewal price, a rectification application may also be submitted.
If a trademark registration was acquired through deception, fraud, or false statements, it may be removed from the trademark record. An application for trademark recognition may be submitted in this case.
If a mark is misrepresented, creates misunderstanding among consumers, or harms the trademark proprietor in any other way, it can be corrected.
The Trademark Act of 1999's sections 9 and 11 specify requirements that the Trademark must fulfil.
Included or excluded from the registered Trademark are specific new items or services that are against social or commercial norms.
Rectification may result from any recent changes or additions made to the registered Trademark.
Rectification is possible in cases where the prior Trademark is not renewed.
If a registered trademark is not utilized for five years or more, corrective steps may be taken.
If the Applicant's information has been changed or misrepresented, it can be corrected, including the address.
Any further justifications specified by the Registrar are appropriately acknowledged.
To avoid having the registered Trademark corrected or removed from the Registrar, take the following safety measures.
To keep the registered Trademark protected legally, renew it within the allotted time.
Maintain the unique qualities of the Trademark and prevent it from confusingly resembling other marks..
Never use your Trademark for more than five years without using it.
File a lawsuit or put an end to trademark infringement by others.
When choosing a trademark, stay away from using descriptive or generic terms or any kind of deceptive elements
The following steps are always involved in the Trademark Rectification process, regardless of whether the Registrar or the owner initiates it:
Application Draft
First, the Applicant carefully drafts the rectification application, making sure all essential information is included. This step requires precision because any mistakes could lead to the rejection of the application.
Form Submission
Once the application has been written, the necessary form must be submitted to the Trademark Registrar along with the required fees. To begin the process of Rectification, you must complete this step.
Document Submission
Following the submission of the form, the Applicant must provide the necessary supporting documentation for correction, ensuring that all formatting is correct and providing Proof of identity, Proof of address, or PAN information, if necessary.
Verification of Documents
The concerned authorities verify the documents after they are submitted. The procedure continues if the verification is likely to succeed and meets the requirements of the authorities. On the other hand, the application might be approved if the verification is successful.
Final Order
Following the verification process, an order is issued by the Registrar or the Appellate Court after both parties have been heard and the evidence has been reviewed. Depending on what is considered appropriate, this order may involve additions, modifications, substitutions, or corrections in the trademark register.
The procedure to be followed when any person who feels wronged seeks Rectification is as follows:
Step 1: Using form TM-26, the aggrieved party must file for Rectification and include the necessary fees. The form must also include the reasons for Rectification.
Step 2: In response to the Rectification filed by the party who was wronged, the trademark holder will receive a notice from the Registrar regarding the same.
Step 3: Affidavits containing all pertinent evidence must be filed by both parties.
Step 4: The Registrar or the Appellant Board verifies the documents submitted by both parties and holds a hearing as scheduled. Afterwards, at its discretion, the choice might be made to add, remove, or revoke the Trademark.
The government fee for a trademark is Rs. 3,000 for physical filings and Rs. 2,700 for online filings. Depending on the lawyers, professional fees can change. You can consult with one of our qualified attorneys if you're seeking for trademark-related services.
A registered trademark may be removed through trademark rectification, but this decision is made after a careful process that takes all pertinent information into account. A trademark may be removed from the Trademark Register if it is not used in commerce for five years or if it is not truly utilized for three years or longer. A registered trademark needs to stay in the market and continue to have its reputation. In order to prevent trademark cancellation or temporary removal, kindly comply.
Proof of availability of the Trademark on an online platform;
Power of Attorney (PoA);
Authority Letter;
Affidavit for the use of such Trademark;
Authority Examination Report;
Trademark Hearing Notice received by the Applicant;
Documentary proof demonstrating the use of the Trademark in business.
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Apeiro Fincraft Solutions is dedicated to aiding entrepreneurs and small business proprietors in initiating, overseeing, and expanding their enterprises confidently and affordably. We strive to assist entrepreneurs and business individuals in navigating legal and regulatory obligations while serving as a steadfast partner throughout the business journey, ensuring ongoing compliance and sustainable growth at every phase.
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