Trademark Rectification : Altering the Error

There are many grounds where Trademark Rectification is required. Some common grounds are as follows:

Types of Trademark Dilution

There are two types of Trademark Dilution. These are:

1. Inappropriate and Incorrect Information:
   If the information is inappropriate and incorrectly filed in Trademark Application, Trademark Rectification can be required here. These mistakes could be anything such as spelling errors, inaccurate owner’s information, wrong classification of products and services, and many more.
2. Errors in the Trademark Registration Process:
   Trademark Registration has a long legal procedure, where the examiner scrutinizes all the details and sends them to theTM Journal. In this procedure, there might be a chance for Objection by TM authority or Opposition by any third party. At this point, the applicant can also need the Trademark Rectification to resolve the issue and get registered their trademark easily.
3. Changes in TM Ownership or Status:
   When the Ownership or Status of a Trademark changes due to any reason, rectification is required to amend the owners’ details in the Trademark registry. Changes in TM Ownership are very important to secure themselves from future disputes.
4. Fraudulent Trademark Registration:
   If a trademark was registered using false or fraudulent information, rectification can be used to update the register and remove illegally obtained rights.
5. Delay Renewal:
   Every 10 years from the Trademark Registration, Trademark Renewal is required to maintain the validity of the brand authority. If the brand holder does not renew the Trademark timely, it has more chances to give authority to someone else who wants to acquire the TM authority on a similar mark. In this situation, the brand owner might require the Trademark Rectification.

There are two situations for legal Procedure of Trademark Rectification. The step-wise process is as follows:

Objection and Opposition

1. In case of Objection and Opposition, the applicant has to file a TM-O and submit it to the TM Registrar at the initial level.
2. After receiving the application, the registrar scrutinizes all the details and documents that are attached to the application.
3. In TM Opposition, after the scrutinization by the registrar, the opposition is notified regarding the trademark and its procedure and given time for the reply filing.
4. In two months duration, the opponent has to file a reply if they have any issues and problems regarding the TM Filing; they can oppose them, and a hearing is conducted by the registrar after that.
5. But if the registrar does not receive any reply in this duration, the applied trademark will get registered.

If Proprietor Wants to Solve Errors

In many cases, if the proprietor or brand holder wants alteration or changes in the registered trademark, they have to follow below mentioned:

1. The applicant has to file a TM-M Application for rectification. In this application, the applicant has to mention thoroughly what changes they require. For this, the applicant should specify the exact changes that they want. They should also explain the reason for the changes and the expected outcome. Additionally, they should provide evidence to support their request.
2. After applying, it goes for scrutinizing. Here, the TM authority examines the application and Trademark details thoroughly. If the TM authority finds any issue they can reject otherwise it can be rectified.

Here is the complete list of required documents listed below:

1. PoA (Power of Attorney)
2. Authority Letter
3. Affidavit for the usage of such Trademark
4. Examination Report of the Authority
5. Trademark Hearing Notice received by the Applicant
6. Documentary proof showing the use of the trademark in business
7. Proof of Availability of Trademark on Online platform