Trademark Rectification
Starting From Rs.8199
All inclusive price
Rectification of a trademark or revoking a trademark refers to the process by which an individual requests removal of a registered trademark from the trademark register.
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TRADEMARK RECTIFICATION
Rectification of a trademark or revoking a trademark refers to the process by which an individual requests removal of a registered trademark from the trademark register. Section 57 of the Trade Marks Act 1999 sets out the basis for amending the register. A request for correction or cancellation of a trademark can be made so that the trademark is not used for a certain period of time after the trademark is registered. An aggrieved person have the right to request cancellation of the registration or correction of the registration for cancellation of the registered trademark if the registration was improperly made or was erroneously retained in the Trademark Register. A Register Correction is a procedure by which a party requests the removal of a registered trademark from the Register. Amendment or Rectification is a legal process to correct or amend any inaccuracies or omissions in information about a trademark that was reported to the Trademark Register after the trademark was registered. A trademark may have been registered in error or remain in the register even after it has expired. In these cases, Indian Trademark Law provides for correction of registered trademarks.
WHO CAN FILE FOR TRADEMARK RECTIFICATION?
- The proprietor of the trademark can himself record the error and file for rectification of error.
- It can be filed by any third person or other individual or entity being misled by that mark.
GROUNDS OF RECTIFICATION OF TRADEMARK
Under section 57 of Trade Mark Act, 1999 brief the grounds/reasons for rectification/amendments/cancellation of the registered mark.
- Under Section 57(1) & (2) of the Act, provides that if an application is filed with the Appeals Board or the Registrar by a person who has filed an appeal against registration in the Register of Trade Marks, whether the Court shall order such cancellation proceedings, or that the cancellation is subject to change. Registration of marks for infringement or non-compliance with terms. The right to demand rectification under Section 57 is a statutory right conferred on a party who has been infringed by an entry in the Register.
- A trademark may fall down the status of being registered if the registration was obtained by misleading or misrepresenting the relevant facts.
- An application shall be lodged if the trademark has not been used for more than five years and three months.
- Violation or non-observance of any conditions entered in the register related to the registration of the mark as Section 57(1) of Trade Mark Act, 1999.
- The registry is plagued with missing or omitted entries. Trademark Disclaimers, Conditions or Limitations as Section 57(2) of Trade Mark Act, 1999.
- Circumstances in which the mark was wrongly reserved in the register and caused confusion in the market.
- The registered trademark is not renewed within the required time period.
- The fee of renewal is has not been paid by the applicant.
PROCESS FOR TRADEMARK RECTIFICATION
• DRAFT AN APPLICATION
The applicant needs to fill the relevant form with all the required details.
• FORM FILLING
To file the form the application from with the trademark registrar along with the prescribed fees.
• ATTACHED THE RELEVANT DOCUMENTS
After filling the form applicant needs to attach the relevant or supporting documents for rectification/amendments/modifications/omissions.
• APPROVAL
The final step is Registrar approval and any necessary changes to the Register. When an individual initiates a cancellation or rectification, the following steps must be taken: the individual must apply in the related Form as mentioned above, along with the reason for rectification, and submit the same to the Trademark Registrar along with the fees. The Trademark Registrar will then send the Trademark owner a notice to file a counter statement. Both parties must file an affidavit outlining their proof. Rectification can result in the Trademark Registrar or the Board adding, varying, cancelling, or removing the entry after hearing both parties’ cases. The Trademark Act and Rules provide relief to the applicant and the aggrieved individual by allowing them to seek cancellation or rectification.
What is the Price I Need to Pay for Trademark Rectification?
Pay as you go grow pricing
All Inclusive Pricing - No Hidden Fee
- An application for trademark rectification or cancellation can be filed before the Trademark Registry in the respective trademark jurisdiction i.e. Delhi, Mumbai, Kolkata, Chennai and Ahmadabad where the application of trademark was filed originally for obtaining the registration.
Frequently Asked Questions
An applications leads to removal of registered trademark
Generally rectification filed for amended the incorrected details in trademark.
An application for trademark rectification or cancellation can be filed before the Trademark Registry in the respective trademark jurisdiction i.e. Delhi, Mumbai, Kolkata, Chennai and Ahmadabad where the application of trademark was filed originally for obtaining the registration.
If there is any modification needed, and any error in registration, due to non-renewal or non-payment by the applicant are the reasons for filling the application.