Trademark Rectification - Overview
Any sort of changes, modification, rectification or alteration performed in the registered trademark or in the Register of Trademarks is known as Trademark Rectification.
Reasons for Filling an application for Trademark Rectification
Not using registered trademark for over 5 years or more.
Non-renewal of the previous trademark
Due to the latest changes, amendments, modification, in connection with the registered trademark according to the recent advancement.
Addition or Inclusion of certain new classes of goods or services in case it is against the business scope of the registered trademark
Conditions which are not in conformity with any of the grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
The specific omission of an entry for example a disclaimer, a condition or a confinement
Where the registration was acquired by distortion of prior registered mark and needs adequate reason for registration.
Situation where the mark was wrongly staying on the register and causing confusion in the market.
When the renewal fee has not been paid.
A trademark could be removed from the register in case the registration is obtained by fraud or where the registration was made by suppressing any material fact or by making any false statement or misrepresentation of any fact.
Avoiding Trademark Rectification
Keep renewing your trademark registration
Doing everything to protect the particular trademark and not letting it becoming deceptive or misleading.
Continuous use of the trademark for a long time and not keeping it unused for a period beyond 5 years.
Take immediate legal action as soon as any infringement is observed.
Documents Required For Registration
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Registration Process for Trademark Rectification
- In situations where the trademark registrar has denoted the trademark registration as ’Formalities Check’ or ’Send back to EDP’, then the applicant is given the opportunity of being heard or to redress the error and so the application requires to be resubmitted. In such a case, the change in trademark has to be set up so as to address all the errors as reported by trademark examiner..
- The application form which is the Form TM-O is used for requesting rectification of trademark and it has to be filed in triplicate.
- It is important to ensure that the application for trademark clearly mentions and explains all the grounds on the basis of which the rectification application is filed.
- You should make your argument strong enough with sufficient proof to get the rectification done.
- Aside from this we firmly recommend in case of Trademark Rectification contact an expert, and take effective help of the trademark rectification expert, who is very much educated about the most recent updates and advancements in the trademark market.
Process To Register
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Results of Valid Trademark Rectification
When it is proved that trademark was registered without any bonafide intention on the applicant’s part then the order can be made to remove that trademark from the registers and where the trademark has not been bonafidely used upto the date of three months before the application date and 5 years have passed after the registration.
Note: The time of five years is to be determined from the date on which the mark was put for registration for example the date on which the registration was requested to be made and not from the date of the application.
On receipt of the application, the Registrar serves notice to the applicant owner to record a counter explanation. When the counter explanation is framed the issue shows up at the proof stage where the applicant is required to record their particular proof about the trademark as an Affidavit. After this, there will be a consultation. In this way, the request is passed.
To protect your registered trademark from rectification or cancellation or removal you need to adopt necessary precaution for example the trademark renewal every once in a while, or to continue using the trademark and not keep it unused beyond the period of five years.
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