What is Trademark Rectification? On successful trademark registration, you will receive the trademark registration certificate. After successfully receiving the certificate you may receive another notice from a third party. This notice called a rectification notice which is provided by a third party on rectifying some form of flaws related to the trademark. Before we go in deep into the subject you must know what is trademark rectification and when does it appear in a trademark registration? Trademark rectification refers to any kind of alteration, change, modification, or rectification in any registered trademark or in the Register of Trademarks and is known as trademark rectification or rectification of the trademark register, by such aggrieved party. The rights regarding the trademark rectification in India is governed by the Chapter VII of the Trade Marks Act of 1999. Under section 57 of the Trademark Act 1999, any person aggrieved of such entry in the trademark register can file an application of the trademark rectification. However in certain case, the consequences can be cancellation of the trademark registration. Who can file Trademark Rectification? Owner- It can be filed by the owner of the trademark itself for removing the certain error. Third-Party- It may also be filed by any other person or entity being aggrieved by such entry. Note : that convincing evidence are to be submitted by the applicant, especially in the case of removal of any registered trademark of any other person/entity from the register of trademarks. The Common Grounds for Filing an Application for Trademark Rectification in India Due to the latest knowledge or advancement. Due to Non-use of any registered trademark for over 5 years by the registered owner. Due to Non-renewal of the original or previous registration of the trademark In cases where inclusion or addition of certain more class (es) of goods or services to the business gamut of the registered trademark. Conditions which are non-conformance to any or more grounds stipulated in Section 9 and Section 11 of the Indian Trade Marks Act of 1999. The certain omission of an entry e.g. a disclaimer, a condition or a limitation. Where the registration was obtained by misrepresentation of, facts, similar to an earlier mark registered and lacks sufficient cause for registration. Cases where the mark was wrongly remaining on the register and causing or likely to cause confusion. When the renewal fee has not been paid. What are the Services Enterslice Offers With Respect to Trademark Rectification? Our Services for Trademark Rectification: We shall draft the Trademark rectification deed. Appearance through a lawyer if needed. Legal agreement format and set of legal necessary papers required by startups. Updates on developments and changes in the Act. Trademark rectification sample. Legal advisory, Compliance calendar applicable to your establishment and much more. Free consultation by scheduling an appointment with a trademark expert of the Enterslice trademark expert team. Other related services like GST registration, company registration, MSME registration, Trademark registration, Shop and establishment act registration, financial services and what not. Trademark Rectification Reply Fees Package 1 Trademark rectification deed Rs. 4999 (Excluding GST) +Government Fees (Online 2700+ GST and Offline 3000+GST) Package 2 Trademark rectification reply + End to end service and follow ups Rs. 9999 (Excluding GST) + Government Fees (Online 2700+ GST and Offline 3000+GST) The Procedure for Trademark Rectification in India The procedure for trademark rectification in India involves the following: In cases where the trademark registrar has marked the trademark registration as Formalities Chk or Send back to EDP, thereafter the opportunity of being heard and rectify is given and requires to be resubmitted. In such case, the rectification deed is to be prepared to address all the concerns of the trademark examiner. The application form used for demanding trademark rectification is to be filed in triplicate, is the Form TM-O Make sure that your trademark rectification application is a clear and crisp statement of grounds, related to the application You must support your arguments with strong evidence to support rectification of the specified trademark. Apart from this we strongly suggest you contact an expert, and efficient service for trademark rectification expert, who is well informed about the latest updates and developments in the trademark market. Enterslice has a vibrant expert team of professional, who shall offer masterly services for all tasks related with Trademark rectification, trademark objection, trademark registration, and protection of trademarks and service marks in India and as well abroad, for all the classes of the NICE classification. What can be Consequences of Valid Trademark Rectification on Your Trademark? The registered trademark can be ordered to be removed from the register in case it is proved that the trademark was registered without any bona fide intention on the part of the applicant for registration and where there has been no bona fide use of the trade mark up to a date three months before the date of application and 5 years have elapsed after registration and still not put to use. Note that the period of five years is to be calculated from the date on which the mark was actually put on the register i.e. the date on which the registration was ordered to be made and not from the date of the application. How to Avoid Trademark Rectification? Continuous renewal of the trademark registration Doing everything to preserve the distinctive character of the mark and not allowing becoming deceptive. Continuous use of the mark, as non –continuous use for 5 years may put in rejection category. As soon as any infringement is observed, take necessary legal action against it and restrain others from doing it. We have an immense and diversified experience in handling the trademark rectification cases and shall suggest you more professional ways to avoid the trademark rectification, to establish contact click here. How to reach Enterslice for Trademark Rectification Fill The Form Get a Callback Submit necessary paper Track Progress Get Deliverables
The term trademark cancellation refers to when an application is filed for removal of any previously registered trademark (or service mark) from the register of trademarks.
A usual practice done by the trademark applicant is that they file applications in all the 45 classes although the mark is actually used for one or two classes only. This is termed as defensive registration and the court has held in various cases that such registrations should not be encouraged. Therefore, in case if your trademark rectification has been filed against you and it is established that no intention of actually using the mark with respect to the products and services the mark is present a petition for cancellation can be filed for removal of the mark from the trade register.
Do not get panic if you receive a rectification notice. Contact a trademark expert; respond professionally with clear evidence, the chance that your application will be cleared is high. So there's no reason for your application to be canceled.
Enterslice has 100% in-house, highly experienced trademark registration expert team and keeps a close track of the trademark application and in case of Trademark rectification appears, we immediately file the trademark rectification deed and reply without any delay.
Trademark rectification is a legal process of rectifying an error in trademark from the registrar of trademarks authority of India.
If you want to remove the trademark from the register then you have to surrender your rights. File the TM-27 application to the registrar of trademarks. After they process the application they will remove it.
An applicant may withdraw his trademark application by submitting a withdrawal letter to the trademark registry in writing.
For filing new applications there are forms such as Form TM-1, TM-2, TM-3, TM-8 etc. at 4000 Rs. To file a notice of opposition Form TM-5- Fees is 2500Rs.
The national statues- the trademarks Act 1999 and rules made such as International multilateral convention, national bilateral treaty, regional treaty, decision of courts etc.
The basic principle is that the trademark applied for should not be altered in away affecting its identity.
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