What is Trademark Rectification?
Trademark Rectification is the process of fixing mistakes or errors that happen after the Trademark Registration. This procedure deals with cases where a trademark was mistakenly registered or is still listed in the registry after it has expired. Corrective action is required in certain circumstances, and the Indian Trademark Act has procedures for this. The Trademark Act of 1999 delineates the rectification provisions in Chapter 7.
Who can file for Trademark Rectification?
Any person connected to a trademark registration or negatively impacted by one has the right to request rectification, per Section 57 of the Act. It is crucial to remember that not every circumstance can be corrected, and in certain instances, correcting a mistake can lead to trademark registration being cancelled. As a result, care should be taken when handling this process. Any of the following can file for Trademark rectification:
- Trademark Holder: The owner of a trademark has the right to rectify any errors or omissions pertaining to their own mark and to request repair. It’s crucial to understand that under trademark law, parties other than the offended Party may request rectification.
- Person Aggrieved: Anyone may apply for Trademark Rectification if they believe they have been wronged by something like the mark’s resemblance or the mark’s registration for illegal purposes. Any office with the relevant authority can handle this.
- Third Party: The Trademark Rectification process can also be started by any third-party person or organization that is not related to the trademark proprietor or the person who feels wronged. This is relevant in situations when there has been miscommunication or where a trademark is being used in a way that violates the rights of others or certain segments of society.
When can you file for Trademark Rectification?
Applicants have been given the power to make changes and rectify the Trademark, but in certain specific scenarios, such as-.
Application Form Error
In case any error has been made by the applicant in the trademark registration application, for which you feel the requirement to change the same, you may file for the trademark rectification.
If there is any information that has been changed since the filing of the trademark application and it is pertinent to the Trademark, you may file for Trademark Rectification to update such information.
Registrar approved grounds
Sometimes, the marks are unclear, be it in improper image clarity or not particularly defined marks when it comes to drawing a clarity under the mark, then the application is subject to objection by the registrar. Thereafter, to correct the grounds, you have to file for Trademark rectification.
The aggrieved Party’s application
In case the filed trademark application holds a certain similarity with an already existing mark in the register, then in such a scenario, it is expected that you will experience trademark objection or opposition, and then you will have to rectify your current application.
Inadequate Mark Details
If the mark filed for trademark registration is inadequate in terms of presentability, meaning that it appears to be some other mark that already holds certain popularity and market reputation under their mark, then you may also file for trademark rectification.
There are certain symbols that are prohibited to be used while crafting a mark for your business. Such marks sometimes include national emblems, government signs, etc. If your mark filed for registration holds any such symbol, then you can correct it with Trademark Rectification.
How to proceed with Trademark Rectification?
The process for trademark rectification remains same irrespective of who has raised the rectification, whether the registrar, or the applicant. The process can be followed as:
Step 1: Application Drafting
The applicant starts by making sure all relevant information is included in a meticulous draft of the correction application. This phase requires precision because any mistakes could lead to the rejection of the application.
Step 2: Form Filing
Once the application has been written, it must be sent to the Trademark Registrar, together with the necessary paperwork and costs. Initiating the correction process requires completing this step.
Step 3: Submit the documents
After filing the form, the applicant must submit the required documents for correction, making sure that they are formatted correctly and supplying evidence in case changes are needed, such as identity documents, proof of address, or PAN information.
Step 4: Document Verification
The concerned authorities verify the documents after they are submitted. The procedure continues if the verification is successful and meets the requirements of the authorities. On the other hand, the application can be approved if the verification is successful.
Step 5: Final Order
Following the verification procedure, an order is issued by the Registrar or the Appellate Court after both parties have been heard and the evidence has been reviewed. Depending on what is considered suitable, this order may involve additions, modifications, substitutions, or corrections in the trademark register.
Forms for Trademark Rectification
For the Trademark Rectification, you need to be familiar with certain forms that you might need depending on the nature of rectification. These forms are:
- Form TM-16: The owner of the Trademark may request correction by submitting the “TM-16” form along with the required payments and fees.
- Form TM-26: An enraged party must fill out form “TM-26” and send it in with the necessary payments if they want a trademark to be corrected or cancelled.
- Form TM-M: The proper form to use when the registrar starts rectification is “TM-M,” together with the necessary fees as specified.
How does RegisterKaro help with the Trademark Rectification?
- Pool of Experts
RegisterKaro holds a large pool of Experts from all over the world specializing in Trademark Related Services. Our team of experts makes sure that your work is taken care of in the most effective manner possible.
RegisterKaro Trademark Related Services are of premium quality at the most efficient rate, which suits the client’s pocket, making sure that quality service is not the only thing the client gains on our platform.
- Client-oriented approach
Our team of experts is well trained and equipped with a client-oriented approach, keeping in mind that the process must be client-centric, focusing on meeting all the requirements of their business and, therefore, satisfying their needs.
- Process Alteration
For the fact that we focus on a client-centric approach, we keep our process structurization open for the client to alter it as per their need, requirements, and vision. For us, obtaining the best results is the focus, along with the Client satisfaction.
- Trusted partner of 10000+ Clients
RegisterKaro has earned the trust of more than 10000+ clients who have availed of Trademark Related Services. Their trust in us from a term in continuity is proof of our services backed by quality and assurance.
- How do I correct a trademark application?
You can file for trademark rectification if you have any changes to be made to your Trademark Application. You may either fill out the form “TM-16” along with the payment of the fee if you want to rectify or cancel the application. Otherwise, you may submit form “TM-M” along with the required fee payments for rectification requested by the registrar.
- What is the meaning of rectification filed?
It means that you have filed an application requesting the changes to be made in your trademark application.
- Can a registered trademark be amended?
Rule 98 is in addition to a provision in Section 59 that allows for trademark alterations or changes. Five copies of an updated, modified, or changed version of the Trademark should be created and submitted with the owner’s application on form TM-38.
- Who can file rectification in Trademark?
Anyone who falls to be one of the given categories can file the trademark rectification: The aggrieved person, the trademark holder, or the third party associated with the Trademark.
- When can rectification be filed in Trademark?
Rectification for the Trademark can be filed in the following cases: Incorrect information, inappropriate content and logo usage, misleading mark, information updated, etc.
- What is Section 47 of the Trademarks Act?
The conditions that must be met are outlined in sub-sections 1(a) and 1(b) of Section 47, which deal with the cancellation of a trademark registration due to non-use. The aggrieved Party, referred to as the Petitioner, must meet these requirements in order to institute legal action.
- What is the fee for trademark correction?
The following are the official fees in India for editing a trademark application: INR 1000 is required for paper filing (a non-online option). The fee for electronic filing is INR 900.