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What is Trademark Rectification

The application form used to serve trademark rectification or cancellation must be filed in prescribed form. The application must include the statement of case, and submit along with the prescribed fee. Further, the application can be submitted to the Registrar or IPAB

When can be Trademark Rectified?

While applying for trademark registration or even after if the applicant realizes that there have been minor errors and if that a few alterations are required , at that point of time applicant can file for rectification with the registrar.

What can be done if the trademark gets wrongly registered or wrongly remaining in the register?

If there should arise an occurrence of the trade mark being wrongly registered or wrongly remaining in the register, the Act permits rectification. Any person aggrieved by the trade mark can apply for rectification or cancellation of trade mark.

An aggrieved person is a person whose trading interests are affected by the presence of the entry in the register.

Need for rectification

Error in the application form like the wrong address or contact details.
Error in the details of the trademark such as class, description, classification, and design.
Error in the details entered in the register.
Modifying details in the application such as the change of applicant and change of address.
Removal of the trademark when not in use for five years and three months.
Any other grounds prescribed and accepted by the Registrar.
All the above grounds for rectification are identified at the applicant’s end; however, there can be instances where the registrar orders for rectification on learning of some errors.
Registrar can also order for rectification when an aggrieved person makes an application for rectification or removal.

How to apply for rectification

The process can be broadly defined into three categories:-

Rectification or cancellation initiated by the proprietor of the trademark – Apply in the form “TM-16” along with prescribed fees.
Rectification or cancellation initiated by the registrar – Form “TM- M” along with prescribed fees.
Rectification or cancellation initiated by any aggrieved person – Form “TM-26” along with prescribed fees.

Where can rectification be filed?

Trademark registry is the place where original application can be filed in a prescribed manner or at Appellate Board and the Tribunal may order the action of rectifying or cancelling the trademark, as it deems fit.

Process of trademark rectification.

The process of trademark rectification in case of proprietor initiated and registrar initiated remains the same.

The following are the steps:

Submission of documents: The proprietor must submit the relevant application(s) along with the alterations required and relevant documents (depending on the alterations required)for supporting the alterations like identity proofs or address proofs.
Drafting of the application: The applicant then needs to fill the relevant form with all the details.
Filing of the form: The next step is to file the form with the Registrar along with the prescribed fees.
Approval of government: The last step is approval by the Registrar and modification in the register as required.

When the rectification is initiated by an aggrieved person, then the process is:

The aggrieved person must apply in the relevant form (as set out above) along with the reason for rectification and submit it to the Registrar with the prescribed fees.
Then the Registrar will send notice to the proprietor of the trademark to file a counter statement
Both parties will have to file affidavits producing their evidence.

The effect of rectification can be that after hearing the case presented by both parties, the Registrar or the Appellate Board can either cancel, vary, add or remove the entry. Trademark Act and Rules provide relief both to the applicant and aggrieved person to seek rectification or cancellation of the trademark.