Trademark Rectification

Trademark Rectification – Overview

After trademark registration, rectification is the genuine procedure to address or correct an error or omission that has occurred in the details of the trademark as reflected in the trademark register. The Indian Trademark Act stipulates a system that facilitates trademark rectification. A mark may be registered incorrectly or remain accessible after expiration even if it has been wrongly registered.

In order to understand Trademark Rectification, we should first understand what it is and when it appears in trademark registration. 

In trade-mark rectification, any changes, rectifications, adjustments or modifications are made to the registered trademark or to the Trademark Register.

The Trademark Act of 1999 provides the privilege of trademark rectification in India. According to section 57 of the Trademark Act 1999, an individual who is disturbed by such a section in the trademark register may request the rectification of that trademark. A mistake can sometimes lead to trademark registration cancellation, as trademark rectification does not always work.

Filing Trademark Rectification

In most cases, the trademark registrant will record it for the purpose of deleting the specific error. It may, moreover, be recorded by some other individual or substance being violated by such section. Please note that convincing verification must be assembled by the candidate, especially in cases where another person or substance has removed their trademark from the register of trademarks.

Under what conditions would there arise a need for Trademark Rectification?

The trademark rectification will be required if:-

• The past trademark wasn’t renewed
• Some information regarding the brand was updated
• Brand Name has not been used for more than five yeasrs
• Non-compliance of conditions mentioned under Section 9 and Section 11 of the Indian Trade Marks Act of 1999
• If there has been a development of certain more class (es) of merchandise or administrations to the business trademarks range
• If the trademark was obtained through distortion or a reason which needs explanation
• Circumstances where the mark was causing a strife
• The particular exclusion of entry, for instance, a disclaimer, a condition or a restriction.
• In case of reestablishment, a fee has not been paid.

Avoiding Trademark Rectification

• Securing the characteristics of the trademark
• In case of infringement, take legal action as soon as you notice 
• Renewing your trademark registration from time to time.
• Keeping the trademark in use 
• Classification of the trademark

Results of Valid Trademark Rectification

In the event that the registered trademark has been enrolled without any genuine objective and where there has been no genuine use of the trademark for three months prior to the date of utilization, a trademark can be mentioned as being taken off the register. After registration for five years, the trademark has still not been used.

A five-year period starts from the date on which the mark was actually entered into the register, such as the day on which the enrollment was mentioned, not the date of the application.

On the application’s receipt, the Registrar serves notice that demands a counter verbalization to the applicant.

The issue is identified at the verification stage when the counter clarification is recorded. Affidavits may need to be recorded for the gatherings. A consultation will take place after this process. In this way, the request is passed.

The trademark must be protected against correction, cancellation or expulsion through fundamental safeguards, such as trademark renewal every once in a while, not doing anything that will destroy its distinctiveness, or not allowing the mark to remain unused for longer than five years.

Frequently Asked Questions