Trademark Rectification

Ø        Trademark Rectification

Rectification is the legal procedure to correct or rectify an error or an omission that has been made in the details of a trademark as recorded in the trademark register, after the trademark registration.  A mark may have been wrongly registered or may have remained on the register even after its expiry. In such cases, the Indian Trademark Act provides for file rectification of the registered trademarks.

Who can file rectification petition:

Ø The aggrieved party is entitled to file a petition for the rectification or cancellation of registration or removal of the registered mark.

Grounds for filing an application for trademark rectification or cancellation:

Ø i) That the registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered.

Ø ii) That the mark was wrongly remaining on the register in case it is against to some legal provisions of the Act or likely to cause confusion.

Ø iii) Making any changes, amendments, or modification in connection with any registered trademark as per the recent advancement.

Ø iv) Non-use of any registered trademark for more than five years by the registered proprietor.

Ø v) Non-renewal of the original or previous registration of the trademark.

Ø vi) A trademark could be expunged from the register in case registration is obtained by fraud. Particularly, where the registration has been obtained by suppression of material fact or false statement it is known as registration obtained by fraud.

Ø vii) Inclusion or addition of certain more class or goods or services, in case it is against to the business extent of the registered trademark.

Ø viii) Non-conformity with one or more grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.

 

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