Trademark Rectification
Trademark Rectification or trademark cancellation refers to the process through which a person applies for removal of a registered trademark from the Register of Trademarks.
Trademark Rectification - An Overview
An aggrieved person can apply for trademark rectification/ cancellation on the grounds of contravention or failure to observe a condition of the trade mark already entered in the Register or an error in registering the trade mark. Section 57 of the Trade Marks Act, 1999 provides for the grounds for Rectification of the Register. An application for rectification or cancellation of a trademark can also be filed on the grounds of non-use of the trademark for a prescribed period of time after the registration of the trademark.
An application for rectification of a registered trade mark is required to be filed before the same Trade Marks Registry where the application for its registration was filed.
Grounds 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 - Trademark Rectification
The process for application for rectification can be divided 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.
Frequently Asked Questions
Trademark rectification is a legal process of rectifying an error in trademark from the registrar of trademark authority of India.
Following are the permissible amendments under the Trademarks Act:
– Amendment/correction in the name, address or description of the registered proprietor
– Cancel the entry of a trademark on the Register
– Amendment of user date
– Amendment in the specification of goods and/or services.
The Tribunal i.e. the Registrar or the Appellate Board, after giving a notice as well as an opportunity of being heard to the concerned parties, may either cancel, vary, add or remove the entry in question.
– It may also be filed by any other person or entity being aggrieved by such entry.
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