“A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer’s decision to choose one product or service over another.” – Seth Godin

Information Bank

Trademark

Rectification Trademark

Rectification of Trademark is a legal process through which an aggrieved party applies for the alteration, modification or removal of a registered Trademark from the Trademark Register. The Indian Trademark law provides the remedy of Rectification in the cases where the Trademark has been registered in a wrong manner or is still available on the Register even after expiry. 

The persons who can file for the Rectification of Trademark are as follows:-

  • Any individual aggrieved by the mark, if the mark appears similar to that of the existing mark.
  • The owner of the Trademark can record the error and can file for its Rectification.
  • It can be filed by any third party or other individual or entity who is being misled by that mark.

Common Grounds for Rectification 

Certain grounds on which Rectification can be filed by an individual are as follows-

  1. Rectification can be filed if a registered Trademark is not in use for over 5 years or more.
  2. On the Non- Renewal of the previous Trademark.
  3. On the conditions contravening any of the grounds mentioned under Section 9 and 11 of Trade Marks Act, 1999.
  4. Rectification can be made on the latest changes, amendments, modifications associated with the registered Trademark as per the recent advancements.
  5. Any kind of inclusion or exclusion of a certain class of goods and services in the case where it is against the scope of business under which the Trademark is registered.
  6. Rectification can be filed if the aggrieved person or the owner of the Trademark wishes to make specific omission of the entry.
  7. A condition where the mark was wrongly staying on the register and creating confusion among the public.
  8. A trademark can be removed from the register if it has been obtained by fraud or registration of such mark was made on the concealment of certain facts or by making any false statement. 

On such grounds, an individual can file for Rectification of Trademark with the help of an application form TM-O. The Applicant is provided with the fair chance of being heard by the Registrar and accordingly they may expel, drop and rectify the Trademark entry in the Registry. For more information on Trademark, contact us on [email protected]