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Trademark Rectification in India

Mistakes are an inevitable part of life. Similarly, mistakes can occur in Trademarks also. Therefore, Section 57 of the Trade Marks Act, 1999 provides for the rectification of Trademarks. Trademark errors, if left unaddressed, can lead to legal disputes, loss of exclusive rights, etc. Rectification of a Trademark can help maintain the integrity of the act and also help remove defects in the Trademark. There are different grounds of Trademark rectification explained in this article. Keep reading to get full insight into Trademark Rectification!

What is Trademark Rectification?

Trademark Rectification is a legal remedy provided under Section 57 of the Trade Marks Act, 1999, which allows the registered owner of the Trademark to rectify, modify, or delete any error, omission, or defect in the Trademark registered in the Register of Trademarks.  Rectification of Trademark can also be filed by the aggrieved person if the Trademark has been fraudulently registered by anyone in the Register of Trademarks.  

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Who can apply for the Rectification of Trademark?

Rectification of Trademark can be filed by:

  • Owner of the Registered Trademark
  • Any aggrieved person
  • Businesses or competitors affected by the registration of an incorrect Trademark.

Requirements

Grounds for Trademark Rectification

Trademark Rectification in India can be filed on any of the following grounds:

Error or Omission

If the Trademark has clerical or typographical errors or has an omission of certain words, then the Trademark owner can apply for rectification of the Trademark.

Wrong Entry in the Register

If the Trademark has been wrongly entered in the Register of Trademarks without conducting a lawful inquiry or justification, then it can be rectified by modifying the Trademark entry in the Register of Trademarks.

Fraud or Misrepresentation

If the registration has been obtained by concealing facts or providing false evidence, or misleading the Registrar, then the Trademark can be rectified by the Registrar.

Not in Use

If the Trademark is continuously not in use for more than 5 years and 3 months, then the Trademark rectification can be done.

Our Process

Process of Trademark Rectification

Any person can apply for Trademark Rectification through these simple steps:

STEP 1

Filing of Rectification Application

The concerned person is required to file a rectification application with the Registrar of Trademarks in Form TM-O. The application must clearly state the grounds for rectification of the Trademark, details of the registered Trademark, and the nature of relief sought against the registered Trademark, along with submission of relevant documents.

Filing of Rectification Application 1
STEP 2

Notice to the Owner

If the Trademark rectification application is filed by a person other than the owner of the Trademark, then the Registrar issues a notice to the Owner of the Trademark informing him about the request for rectification.

Notice to the Owner 2
STEP 3

Filing of Counter Statement

The registered owner is required to file a counterstatement with the Registrar along with supporting documents and evidence within the stipulated time.

Filing of Counter Statement 3
STEP 4

Trademark Rectification Hearing

After reading the counterstatement and evidence furnished, the Registrar may call for a Trademark Rectification Hearing. The Trademark will provide the time and mode of presence in the Trademark hearing. Both parties may formally provide their arguments before the Registrar.

Trademark Rectification Hearing 4

Documents required for Trademark Rectification

The following documents are required to be submitted to the Registrar along with the application for Trademark Rectification in Form TM-O:

Required Documents

  • Original Trademark registration certificate
  • Statement providing grounds of rectification.
  • Evidence or documents supporting the rectification claim.
  • Address and ID proof of the applicant.
  • Details of the Trademark, if the application is filed by a person other than the Trademark owner.
  • Power of Attorney, if the application is filed by an attorney or agent.

Trademark Rectification Fees

ParticularsOnline Filing Fee Physical Filing Fee
Trademark Rectification Application (Form TM-O)Rs. 2,700/- Rs. 3,000/- 

How can Patron Accounting help you in Trademark Rectification?

At Patron Accounting, we understand the importance of the process of Trademark Rectification and how it can help the aggrieved person get justice. Our team can help you:

  • In filing a rectification application effectively.
  • Presenting your case in a Trademark rectification hearing.
  • Gathering and drafting relevant evidence and documents.
  • Timely updates and professional assistance. 

Benefits of Trademark Rectification

Trademark Rectification has the following benefits:
Prevents misuse of Trademark.

Prevents misuse of Trademark.

Helps in maintaining the accuracy of the Register of Trademarks.

Helps in maintaining the accuracy of the Register of Trademarks.

Protect the interests of Trademark owners and any person aggrieved.

Protect the interests of Trademark owners and any person aggrieved.

Helps in avoiding future disputes.

Helps in avoiding future disputes.

Helps in correcting errors of Trademarks, thereby protecting the brand value.

Helps in correcting errors of Trademarks, thereby protecting the brand value.

Conclusion

Trademark Rectification is a legal process that helps the aggrieved person or the Trademark owner rectify the defects in the registered Trademark. There are various grounds for the rectification of Trademarks as provided under Section 57 of the Trade Marks Act, 1999. 

Rectification of Trademark protects genuine brand owners from the fraudulent registration of the Trademark. By filing the Trademark application at the right time and with proper professional assistance from the Patron Accounting team, you can also safeguard your brand value.

Frequently Asked Questions

Have a look at the answers to the most asked questions.

FAQ Illustration

The cost for filing a Trademark Rectification Application online is Rs. 2,700/-, and for physical filing is Rs. 3,000/-

Section 57 of the Trade Marks Act, 1999, deals with the rectification of Trademarks and also provides grounds for the rectification of Trademarks.

The 4 types of Trademarks are Product Mark, Service Mark, Collective Mark, and Certification Mark.

The strongest type of Trademark is a fanciful Trademark. This is because fanciful trademarks have no meaning and are unique in nature.
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