Trademark Rectification : Altering the Error

Updated on December 19, 2023 11:55:52 AM

Trademark Rectification serves as a powerful weapon that aids in altering and modifying the mistakes in trademarks. Trademark is an essential component for the business that provides a unique identity to the business and give a standout image in the marketplace. Therefore, maintaining accurate up-to-date records is paramount.

Trademark Registration and maintenance after registration can be a complex process. It is still possible to make mistakes, even after thorough research. Maintaining trademark accuracy and updating it regularly is crucial. If you are looking to rectify or modify your registered or applied trademark, this article will help you to get the complete information. In this article, we will thoroughly discuss the Trademark Rectification, its documents, fees and common grounds for rectification.

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What is Trademark Rectification?

Trademark Rectification is a legal procedure for correcting the mistakes and errors in the Trademark. The need for rectification can occur anytime, during the TM registration procedure or even after the registration. Trademark rectification is a crucial component that maintains the accuracy of the Trademark records.

Trademark Rectification ensures that all records related to the Trademark are appropriate and helps to maintain the standout image of the business in the competitive economy world. It also helps to secure the exclusive rights of the Trademark Owners.

Common Grounds for Filing Application for Trademark Rectification

There are many grounds where Trademark Rectification is required. Some common grounds are as follows:

  1. Inappropriate and Incorrect Information:
    If the information is inappropriate and incorrectly filed in Trademark Application, Trademark Rectification can be required here. These mistakes could be anything such as spelling errors, inaccurate owner’s information, wrong classification of products and services, and many more.
  2. Errors in the Trademark Registration Process:
    Trademark Registration has a long legal procedure, where the examiner scrutinizes all the details and sends them to the TM Journal. In this procedure, there might be a chance for Objection by TM authority or Opposition by any third party. At this point, the applicant can also need the Trademark Rectification to resolve the issue and get registered their trademark easily.
  3. Changes in TM Ownership or Status:
    When the Ownership or Status of a Trademark changes due to any reason, rectification is required to amend the owners’ details in the Trademark registry. Changes in TM Ownership are very important to secure themselves from future disputes.
  4. Fraudulent Trademark Registration:
    If a trademark was registered using false or fraudulent information, rectification can be used to update the register and remove illegally obtained rights.
  5. Delay Renewal:
    Every 10 years from the Trademark Registration, Trademark Renewable is required to maintain the validity of the brand authority. If the brand holder does not renew the Trademark timely, it has more chances to give authority to someone else who wants to acquire the TM authority on a similar mark. In this situation, the brand owner might require the Trademark Rectification.

Legal Process of Trademark Rectification

There are two situations for legal Procedure of Trademark Rectification. The step-wise process is as follows:

Objection and Opposition

  1. In case of Objection and Opposition, the applicant has to file a TM-O and submit it to the TM Registrar at the initial level.
  2. After receiving the application, the registrar scrutinizes all the details and documents that are attached to the application.
  3. In TM Opposition, after the scrutinization by the registrar, the opposition is notified regarding the trademark and its procedure and given time for the reply filing.
  4. In two months duration, the opponent has to file a reply if they have any issues and problems regarding the TM Filing; they can oppose them, and a hearing is conducted by the registrar after that.
  5. But if the registrar does not receive any reply in this duration, the applied trademark will get registered.

If Proprietor Wants to Solve Errors

In many cases, if the proprietor or brand holder wants alteration or changes in the registered trademark, they have to follow below mentioned:

  1. The applicant has to file a TM-M Application for rectification. In this application, the applicant has to mention thoroughly what changes they require. For this, the applicant should specify the exact changes that they want. They should also explain the reason for the changes and the expected outcome. Additionally, they should provide evidence to support their request.
  2. After applying, it goes for scrutinizing. Here, the TM authority examines the application and Trademark details thoroughly. If the TM authority finds any issue they can reject otherwise it can be rectified.

Required Documents for Trademark Rectification

Here is the complete list of required documents listed below:

  1. PoA (Power of Attorney)
  2. Authority Letter
  3. Affidavit for the usage of such Trademark
  4. Examination Report of the Authority
  5. Trademark Hearing Notice received by the Applicant
  6. Documentary proof showing the use of the trademark in business
  7. Proof of Availability of Trademark on Online platform

Fees for Trademark Rectification

₹2,700 in online mode and ₹3,000 in physical mode is the government fee for Trademark. The professional fees can vary upon the lawyers. “Litem Legalis” charges the lowest amount for TM Rectification and other TM services. If you looking for services related to the Trademark you can consult with our professional lawyers.

Why Litem Legalis?

Free Legal Advice

Free Legal Advice

Expert Lawyers

Expert Lawyers

Lowest Fees

Lowest Fees

Quick Process

Quick Process

Conclusion

The topic of trademark rectification is a critical pillar in protecting intellectual property validity. Navigating the complicated repair processes ensures that trademark records appropriately reflect the changing landscape of businesses and their ownership. Understanding and using the channels of correction emerge as crucial tools as firms attempt to strengthen their market position. In an ever-changing legal landscape, the dedication to accuracy in trademark records not only protects intellectual property but also strengthens the cornerstone of fair and transparent commerce.

Frequently Asked Questions (FAQs)

What is Trademark Rectification?

Trademark rectification is a legal procedure for correcting errors or discrepancies in trademark records. It involves the official adjustment of trademark-related information, such as registration data, ownership, or product/service descriptions.

What is Trademark Infringement?

Trademark infringement happens when a party uses a trademark without a license, producing confusion or deceit in the marketplace. It involves the unlawful use of a protected mark, which is a violation of intellectual property rights.

What is Trademark Opposition?

Trademark opposition is a legal process in which third parties contest a trademark's registration. They provide arguments and facts to oppose the trademark's legal registration.

What is Trademark Objection?

Trademark objection happens when a government trademark authority raises issues or difficulties with a trademark application, typically owing to conflicts with existing trademarks or regulatory requirements.

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