The applicant has got to remove all the inaccuracy in the trademark application so as to get the trademark approved and registered by the registrar of trademarks. Hence in this article will talk about what is the procedure and required documents to file Trademark Rectification in case of any error occurring in the trademark application.
Trademark is a word or a symbol that helps a corporation to distinguish and provide uniqueness to their product or service from the other corporations in the market. When a trademark is going through the registration process, the registrar can sometimes, due to some errors in the application, raise objections to the proceeding. Therefore, an essential question that occurs is how to apply for rectification of Trademark if there is an inaccuracy in the trademark?
What is meant by the term “Trademark Rectification”?
Rectification of a Trademark is a legal procedure to rectify the errors that may have taken place in the registration application. Such rectification is recorder in the register of trademarks once the mark is registered. Faults may occur in terms of wrongfully registering a trademark or the expiry of the trademark and erroneously remaining in the register or any other basis for a refusal to register a trademark.
The Indian Trademarks Act, 1999 states the provision to file rectification of trademark for any occurrence of refusal to register a trademark.
Who can file a Rectification of Trademark?
Any aggrieved individual whose trading interests are affected can file for rectification of trademark or cancellation of the Trademark or removal of a registered trademark.
Grounds for filing Trademark Rectification
Any error in the details of the Trademark such as classification, description or design
Any error in the application form such as wrong contact information or address.
Wrong information entered or specified in the trademark register.
Exclusion of the Trademark when the trademark has not been used for 5 years and 3 months.
Making a change in the application such as details regarding change in the address or change in the name of the applicant entity.
All of the bases for the rectification stated above are recognized at the end of the applicant, though, the registrar in some instances may direct for the rectification by him/herself on detecting some errors.
The Registrar may instruct for the rectification in instances where an aggrieved individual makes a rectification or removal application.
Procedure for Trademark Rectification
Documents Submission
The individual must file a rectification application along with the required documents in the prescribed format.
Drafting the Application
Now, the applicant entity needs to fill the form stating all the necessary details in the application.
Filing the Application Form
The applicant has to file the form with the registrar of trademarks along with the required fees.
Approval of Government
The final footstep involves the approval given by the registrar of trademarks and afterwards making amendments in the register of trademarks as needed.
When a rectification application is made by an aggrieved individual, he/she must apply in the appropriate form and have to specify the reasons for rectification and make a submission with the registrar along with the prescribed fees.
Registrar shall give a notice to the registered holder of the trademark to file a respond to statement. Both the parties are needed to file an affidavit generating their evidence.
Upon hearing both the concerned parties and the Registrar or the Appellate Board can vary, cancel, add or remove the effect of rectification.
Thus, both the applicant and the registration holder get the right to seek cancellation or rectification of the trademark as per the provisions of the Indian Trademark Act and Rules.
Necessary Documents for Trademark Rectification
Documents that are necessary for the rectification of a Trademark are:
Identity proof of the Applicant entity.
While filing an application, a rectification number.
Duly signed power of attorney by the applicant entity.
Conclusion
The Indian Trademarks Act, 1999 states provision on filing the Trademark rectification in case of any error in the trademark. Every individual has a right to file, apply or register for rectification under the Act.
The Rectification of Trademark can be prevented by opting for preventative measures like a trademark renewal after the registration is done. Also, protecting the trademark from been infringed by other corporations to prevent trademark rectification. If the registration holder prevents its trademark from being misused or misused by someone, the trademark can be protected. Immediate legal action can be taken as soon as any infringement is observed.