Trademark Rectification
Rectification is a legal process used to remedy errors or omissions that have occurred in the details of a trademark recorded in the trademark register, subsequent to the trademark registration process. This process is necessary when a trademark has been registered incorrectly or has remained on the register despite its expiration. The Indian Trademark Act provides for the rectification of such registered trademarks.
Any individual who is affected by the trademark has the right to apply for its rectification or cancellation.
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Trademark Rectification – An Overview
In India, the Chapter VII of the Trade Marks Act of 1999 contains provisions and rights regarding the trademark rectification and cancellation in entire India. In general, the application for trademark rectification is filed by the owner of the registered trademark, and the application for trademark cancellation is filed by any other aggrieved (third) person or entity for the purpose of removing any registered trademark of any other person/entity from the national register of trademarks. The trademark rectification means making any changes or refinements in any previously registered trademark/service mark by the owner of the trademark itself. However, this demand may also be filed by any other person or entity unfairly affected. Solid and convincing evidences are to be submitted by the applicant, especially in the case of removal of any registered trademark of any other person/entity from the register of trademarks.
Grounds for filing an application for trademark rectification or cancellation
- Making any changes, rectifications, or refinements in connection with any registered trademark/service mark, as per the latest knowledge or advancement
- Non-use of any registered trademark for over 5 years by the registered owner
- Non-renewal of the original or previous registration of the trademark
- Inclusion or addition of certain more class(es) of goods or services to the business gamut of the registered trademark
- Non-conformance to any or more grounds stipulated in the Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
Procedure for Trademark Rectification
Trademark rectification or cancellation is initiated by submitting an application to the concerned zonal Registrar of Trade Marks or to the Intellectual Property Appellate Board (IPAB). The process of trademark rectification in India involves fulfilling the following mandatory requirements:
- Filing of Form TM-26, in triplicate, for demanding trademark rectification or cancellation. For collective or certification marks, Form TM-43 is used.
- Providing a clear and concise statement of grounds related to the application.
- Furnishing evidence to support the rectification or removal of the specified trademark.
Apart from providing expert and efficient services for trademark rectification and cancellation in India, our seasoned trademark lawyers also offer proficient services for all tasks related to the registration, maintenance, and protection of trademarks and service marks in India and globally, across all 45 classes of the Nice classification.
Documents Required
Initially, you have to provide us with the following details:
Applicant’s name
Business type
Business objectives
Brand/logo/slogan name
Registration address
The documents required are:
Signed Form-48
Identification proof of the signatory
Address proof of the signatory
Business proof (depends on the type of business)
Udyog Aadhar/MSME registration certificate (optional).