Rectification is the legal procedure to correct or rectify an error or an omission that has been made by a person by mistake in the details of a trademark at the time when it was recorded as in the trademark register; this process began after the trademark registration. The Indian Trademark Act, in such cases, provides for filing of rectification of the registered trademarks.
A file of rectification petition:
The party aggrieved is permitted to file a petition for the cancellation or rectification of registration or removal of the registered mark.
The basis for filing an application for trademark rectification or cancellation:
- The registration was made without sufficient cause or registration was obtained by misrepresentation of facts, similar to an earlier mark registered.
- The mark was wrongly remaining on the register in case it is against some legal provisions of the Act or likely to confuse.
- As per the recent advancement in connection with any registered trademark, making any changes, amendments, or modifications therein.
- No use of any registered trademark for more than five years by the registered proprietor.
- Non-renewal of the original or previously registered trademark.
- Where registration is obtained by fraud it could be expunged from the register. Particularly, where the registration has been obtained by repression of a material fact or false statement it is known as registration obtained by fraud.
- Inclusion or addition of certain more classes or goods or services, in case it is against the business degree of the registered trademark.
- Non-conformity with one or more grounds predetermined in Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
Where to file for trademark rectification?
An application can be filed for trademark rectification or trademark cancellation, before the Trademark Registrar inappropriate trademark jurisdiction i.e Chennai, Mumbai, Kolkata, Delhi, Ahmadabad, where the trademark application was originally filed for attaining its registration.
Procedure for trademark rectification :
The application form used to serve trademark rectification or cancellation must be filed in the prescribed form.
The application must include the statement of the case, and submitted along with the prescribed fee. Further, the application can be submitted to the Registrar or IPAB.
On receipt of the application, the Registrar provides notice to the registered proprietor to file a counter statement.
The matter arrives at the evidence stage once the counter-statement is filed. The parties may be required to file their respective evidence in the form of an Affidavit.
After this, there will be a hearing.
Then, the order is passed.