Overview of Trademark Rectification

Trademark rectification is the legal process used to correct errors or omissions that have been recorded in the trademark register after the trademark registration has been completed. This process ensures that trademarks are properly registered and validly maintained. Rectification may be required when:

• A trademark has been registered incorrectly.
• A trademark remains on the register even after its expiration.

The Indian Trademark Act provides a mechanism to rectify such issues by filing an application for rectification.

Understanding Trademark Rectification

Trademark rectification refers to any modification, correction, or alteration made in a registered trademark or in the Register of Trademarks. This could be due to clerical errors, non-use of a trademark, or misleading or incorrect information recorded during the registration process.

In India, trademark rectification is governed by Chapter VII of the Trademark Act, 1999. Section 57 of the Act states that any person affected by an incorrect or misleading entry in the trademark register can file an application for rectification.

However, it is important to note that not all trademark rectifications are successful—errors or inconsistencies in the rectification request could result in the cancellation of the trademark registration itself.

What is Rectification of Trademark?

A trademark is an intellectual property right that protects a unique mark, symbol, design, or expression, distinguishing a product from others in the market. The registered trademark must comply with the norms of the Trademark Act. If any error occurs in the trademark, a rectification process is followed to correct it and ensure compliance with registration requirements.

Trademark rectification is a legal procedure to amend any mistake or omission recorded in the Register of Trademarks. A mark may have been wrongly registered during the registration process or may remain in the register after expiry. In such cases, the Indian Trademark Act provides a provision to file for the rectification of the registered trademark.

Who Can File for Trademark Rectification?

• Any aggrieved person if the mark appears similar to an existing trademark.
• The proprietor of the trademark can identify the error and file for rectification.
• Any third party or entity misled by the registered mark.

Note: The applicant must submit proof when filing for the removal of a registered trademark from the Register of Trademarks.

This version keeps it concise, clear, and correctly structured. Let me know if you need further refinements!

How Rectification Affects the Trademark?

Once a rectification application is filed, the applicant is given an opportunity to be heard. Based on the hearing, the trademark entry in the registry may be expelled, dropped, or rectified accordingly.

Common Grounds for Filing Trademark Rectification in India

• Non-usage of a registered trademark for over 5 years or more.
• Non-renewal of the trademark after its expiry.
• Amendments, modifications, or changes made that require rectification.
• Addition or inclusion of new goods/services that go beyond the registered trademark’s business scope.
• Non-compliance with grounds specified under Section 9 and Section 11 of the Indian Trade Marks Act, 1999.
• Omission of an important entry, such as a disclaimer, condition, or limitation.
• Misrepresentation or distortion of a prior registered mark, leading to wrongful registration.
• Erroneous registration that remains on the register and causes market confusion.
• Failure to pay renewal fees, leading to lapse of registration.
• Fraudulent registration, where a trademark was obtained by misrepresentation, suppression of facts, or false statements.

Where to File for Trademark Rectification?

An application for trademark rectification or cancellation must be filed before the Trademark Registry in the respective jurisdiction where the original trademark application was filed. The offices are located in Delhi, Mumbai, Kolkata, Chennai, and Ahmedabad.

How to Avoid Trademark Rectification?

• Renew your trademark registration periodically.
• Ensure proper usage to prevent it from becoming misleading or deceptive.
• Maintain continuous use of the trademark and avoid non-use for more than 5 years.
• Take immediate legal action against any infringement.
• 
  

Trademark Rectification Registration Procedure

• If the Trademark Registrar marks the trademark status as Formalities Check or Send Back to EDP, the applicant is given a chance to be heard or correct errors.
• The Form TM-O is used for rectification requests and must be filed in triplicate.
• The application must clearly state and explain the grounds for rectification.
• The applicant must provide strong arguments and sufficient proof for rectification approval.
• Seeking expert advice from a trademark professional is recommended to ensure compliance with the latest trademark regulations and avoid unnecessary delays.

This revision improves clarity and structure while maintaining accuracy. Let me know if you need any further modifications!

Consequences of Valid Trademark Rectification

If it is proven that a trademark was registered without a bona fide intention on the applicant’s part, an order may be issued for its removal from the register. Similarly, if the trademark has not been used for three months before the application date and five years have passed since its registration, it can be removed.

Note: The five-year period is calculated from the date of registration, not from the application date.

Upon receiving the rectification application, the Registrar serves a notice to the trademark owner to file a counter-explanation. Once submitted, the case proceeds to the proof stage, where the applicant must present supporting evidence in the form of an Affidavit. After this, a hearing is conducted, and the final decision is passed.

To avoid rectification or cancellation of a registered trademark, businesses must:

• Renew the trademark periodically.
• Ensure continuous use of the trademark to prevent non-use beyond five years.
• 
  

Trademark Rectification Services

Our Trademark Rectification services include:

• Drafting and filing the Trademark Rectification Application.
• Legal representation in court, if required.
• Preparation of legal agreements and supporting documents.
• Regular updates on application status and legal changes.
• Providing trademark rectification samples for reference.
• Legal advisory and compliance support.
• Free consultation with a trademark expert.
• Additional services such as Trademark Registration, GST Registration, MSME Registration, Company Registration, Shop and Establishment Act Registration, and Financial Services.