Trademark Rectification : Altering the Error

Updated on May 31, 2024 05:57:31 PM

Trademark Rectification serves as a powerful weapon that aids in altering and modifying the mistakes in trademarks. Trademark is an essential component for the business that provides a unique identity to the business and give a standout image in the marketplace. Therefore, maintaining accurate up-to-date records is paramount.

Trademark Registration and maintenance after registration can be a complex process. It is still possible to make mistakes, even after thorough research. Maintaining trademark accuracy and updating it regularly is crucial. If you are looking to rectify or modify your registered or applied trademark, this article will help you to get the complete information. In this article, we will thoroughly discuss the Trademark Rectification, its documents, fees and common grounds for rectification.

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What is Trademark Rectification?

Trademark Rectification is a legal procedure for correcting the mistakes and errors in the Trademark. The need for rectification can occur anytime, during the TM registration procedure or even after the registration. Trademark rectification is a crucial component that maintains the accuracy of the Trademark records.

Trademark Rectification ensures that all records related to the Trademark are appropriate and helps to maintain the standout image of the business in the competitive economy world. It also helps to secure the exclusive rights of the Trademark Owners.

Common Grounds for Filing Application for Trademark Rectification

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.

Legal Process of 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.

Required Documents for Trademark Rectification

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

Why Litem Legalis?

“Litem Legalis” provides the best platform for the registration of your Trademark under professional and expert guidance with the lowest professional fees. We are committed to providing the best service experience to our clients by informing them about every stage of their TM Registration. We have years of experience in TM registration, which has a low chance of rejection.

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Protecting your brand against trademark dilution is critical to keeping its distinct character and commercial power. Dilution damages the uniqueness of well-known trademarks, affecting their potential for gaining customer trust and loyalty. Businesses may protect their trademarks from dilution by continuous monitoring, swift enforcement, and effective brand management.

Companies may effectively negotiate the complicated terrain of trademark dilution by knowing the legal situation, informing the public, and responding to market developments. Finally, proactive efforts and a dedication to brand integrity are required to maintain a trademark's enduring strength in a competitive environment.

Frequently Asked Questions (FAQs)

What is Trademark Dilution?

Trademark dilution is the gradual loss of a famous or well-known trademark's uniqueness as a result of unlawful use of a similar mark, reducing the mark's capacity to uniquely identify certain goods/services.

What is the difference between Trademark Dilution and Trademark infringement?

Trademark Infringement means the possibility of customers misunderstanding about the source of goods or services. On the other hand, Trademark dilution is the reduction of the distinctiveness of a well-known brand.

What is Trademark Passing Off?

Trademark passing off happens when someone uses a mark that is similar to another's registered trademark, producing confusion and misrepresentation and giving the false appearance of identification with the original brand.

What is Trademark Blurring?

Trademark blurring is a steady loss of a well-known trademark's distinctiveness as a result of unlawful use of a similar or identical mark on unrelated items or services, reducing its uniqueness.

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