TRADEMARK RECTIFICATION
A trademark is a distinctive symbol or sign that distinguishes one product from another. To better understand, it can be likened to a person’s distinct skin color. In order for the trademark to be distinct and exclusive, the owner must register it in accordance with the guidelines set by the Trademark Act and Rules.
WHEN CAN A TRADEMARK BE RECTIFIED?
If someone applies for a trademark and realizes there are small errors or changes needed during the registration process, they can request to have them corrected with the Registrar.
Is it possible to take corrective measures against a trademark that has been registered under incorrect or inappropriate circumstances?
If a trademark is registered incorrectly or remains on the register incorrectly, the law allows for changes to be made. Anyone who is affected by the trademark can request that it be corrected or removed from the register. The term “aggrieved person” refers to an individual whose business interests are impacted by the trademark’s inclusion on the register.
GROUNDS FOR TRADEMARK RECTIFICATION
The reason for making changes can be identified as follows: –
Incorrect information provided on the application form such as an inaccurate address or incorrect contact information.
Errors related to specifics of the trademark, such as classification, representation, categorization, and layout.
An error has been made in the information recorded in the registry.
Making modifications to specific information on the application, such as altering the name of the applicant or revising the address.
If a trademark is not being utilized for a period of five years and three months, then it will be eliminated.
The Registrar has suggested and approved some additional reasons.
All the reasons for making changes are acknowledged by the candidate, however, there may be situations where corrections need to be made due to the discovery of some mistakes.
The Registrar is able to make changes to records when a troubled person requests corrections or removal.
Who is eligible to file a request to correct a trademark?
If someone feels their mark is being misrepresented as another existing mark, they have the right to feel upset.
At any given time, the individual who owns the trademark has the ability to note an error and request documentation to correct said mistake.
The mark is usually documented by a third party or any other individual or entity who is being deceived by it.
What is the meaning of rectification in relation to trademarks?
Once the rectification usage is documented, the applicant is given the opportunity to have a hearing, during which they may choose to remove, cancel, or modify the trademark entry in the library.
WHAT ARE THE MEASURES TO AVOID ALTERATION OR ERASURE OF TRADEMARKS IN INDIA?
To prevent any modification or annulment of a trademark in India, a proprietor of a registry will take the following actions:
Occasionally, it’s important to reaffirm their position or influence.
Secure the identity of the individual being targeted and prevent any false information from being associated with it.
Do not let the trademark remain unused for more than five years and 90 days from the date of registration.
What is the process for filing for a trademark correction?
The application process for amendments can be divided into three categories, which are as follows-
The trademark owner may begin the process of correcting or reversing their trademark by completing the “TM-16” form and paying the required fees.
The Registrar commences the process of rectification or cancellation by using the “TM-M” form and provides an estimation of the associated costs.
If an individual is troubled, they can initiate rectification or crossing out by submitting Form “TM-26” with the suggested fees.
Where is it possible to file for rectification or cancellation?
You can register the application according to the recommended method with the Trademark Registry where the initial application was made or with the Appellate Board. The Tribunal has the authority to modify or eliminate the trademark as it deems appropriate.
PROCESS FOR TRADEMARK RECTIFICATION
The process of changing a trademark remains unchanged whether initiated by the owner or the Registrar. The following are the steps involved:
In order to secure archives, the owner must submit necessary applications and relevant documents, such as proof of identity or address, along with any required adjustments.
To begin the application process, the candidate must complete a thorough form with all the necessary information.
The next step involves submitting the form to the Registrar and paying the required fees.
The final step in the government’s approval process is the Registrar’s endorsement and necessary changes to the register. When a person who has been wronged begins the process of correcting the errors, they must follow these steps: first, submit an application form (as previously mentioned) with an explanation for the correction and pay the appropriate fees to the Registrar. Then, the Registrar will notify the trademark owner to submit a counter-assertion. Both parties must provide sworn statements to support their evidence. After hearing the case presented by both parties, the Registrar or Appellate Board may amend, cancel, modify, add or remove the entry. The Trademark Act and Rules provide relief to applicants and those who have been wronged by allowing them to seek correction or cancellation of the trademark.