All you need to know about Trademark Rectifiation

Introduction

A trademark is a distinctive symbol or logo used to separate one product from another. The owner must register the trademark according to the Trademark Act and Rules’ requirements to ensure that it is unique and exclusive. The Act permits a procedure of trademark rectification in cases where a trademark has been incorrectly registered or has continued to be incorrectly listed. Anyone who wishes to alter or cancel their trademark may request Trademark Rectification.

What is Trademark Rectification?

Trademark rectification is the procedure by which a person requests to have a registered trademark removed from the Register of Trademarks. According to Section 57 of the Trademark Act 1999, any person who is bothered by such an entry in the trademark register may submit an application for the trademark’s rectification.

What are the reasons for Trademark Rectification?

Following is a classification of the reasons for trademark rectification:

• Errors in the Application form, such as providing the incorrect address or contact information.
• Incorrect information on the trademark’s class, description, classification, and design.
• Incorrect information was submitted at the time of registration.
• Updating application information, such as changing the applicant or the address.
• Removal of the trademark after five years and three months of non-use.
• Any further grounds that the Registrar has approved and prescribed.
• The registrar may also issue an order for rectification in case an aggrieved party applies for rectification or removal.

How Can You Request Rectification?

There are three different types of application processes for rectification:

• Correction or cancellation requested by the trademark proprietor – Submit the form “TM-16” along with the required payments.
• Rectification or cancellation initiated by the registrar – Form “TM- M” and applicable fees.
• Rectification or cancellation initiated by any aggrieved party – Form “TM-26” and applicable fees.

What is the procedure for Trademark Rectification?

The procedure of trademark rectification remains the same whether it is initiated by the TM Holder/owner or by the registrar. The steps are as follows:

1. Submission of documents: The Trademark Holder must submit the relevant application(s), the necessary alterations, and the necessary documents (based on the required alteration), such as identification or address proofs.

2. Drafting the application: The applicant must next completely fill out the application form.

3. Form submission: The form must then be submitted to the Registrar along with the required fees.

4. Governmental approval: The final stage is Registrar approval, followed by any necessary register modifications. The following steps must be followed when an aggrieved party requests rectification: –

• After the fee submission, the trademark owner will receive notification from the registrar to submit a counter statement.
• Both parties will then be required to submit affidavits containing supporting documentation.
• After hearing both sides’ arguments, the Registrar or the Appellate Board may choose to change, add, or remove the entry as a result of rectification.

Conclusion

A trademark correction or cancellation application can be filed with the Trademark Registry in the relevant trademark jurisdiction. To avoid rectification or cancellation of a trademark in India, a registered proprietor must renew their mark on a regular basis, they should keep the distinctiveness of the mark and prevent it from being misleading. Not using the mark for more than five years and three months from the date of registration can lead the Trademark Rectification.