How to get Trademark Rectification

Trademark Rectification will be filed in Bharat on grounds of resistance or failure to get a trademark already existing within the register or if there’s a blunder within the trademark registration. Below could be a transient on however you’ll be able to file for a trademark rectification.

Prescribed kind:-

A registered trademark will be removed by filing an application to the Registrar on prescribed kind (TM-26) or in Form TM- forty-three (in case of collective trademark or certification trademark)

The form ought to be in the midst of an announcement of grounds on that the appliance is formed.

Evidence to support the grounds on that the request to rectifying or removal ought to even be bestowed with the appliance.

Prescribed Fee:-

To file a rectification against any registered mark prescribed fee is Rs. 3000/

Rectification is that the legal procedure to correct or rectify a blunder or Associate in Nursing omission that has been created within the details of a trademark as recorded within the trademark register, once the trademark registration. A mark might are incorrectly registered or might have remained on the register even once its end. In such cases, the Indian Trademark Act provides for file rectification of the registered logos.

Who will file rectification petition:-

The aggrieved party is entitled to file a petition for the rectification or cancellation of registration or removal of the registered mark.

Grounds for filing Associate in a Nursing application for trademark rectification or cancellation:-

i) That the registration was created while not adequate cause or registration was obtained by the falsehood of facts, like Associate in Nursing earlier mark registered.

ii) That the mark was incorrectly remaining on the register just in case it’s against to some legal provisions of the Act or probably to cause confusion.

iii) creating any changes, amendments, or modification in reference to any registered trademark as per the recent advancement.

iv) Non-use of any registered trademark for quite 5 years by the registered man of affairs.

v) Non-renewal of the initial or previous registration of the trademark.

vi) A trademark may be expunged from the register just in case registration is obtained by fraud. significantly, wherever the registration has been obtained by suppression of fabric reality or untruth it’s called registration obtained by fraud.

vii) Inclusion or addition of sure additional category or merchandise or services, just in case it’s against to the business extent of the registered trademark.

viii) Non-conformity with one or additional grounds stipulated in Section nine and Section eleven of the Indian Trade Marks Act of 1999.

Where to file for trademark rectification?

For trademark rectification or trademark cancellation, Associate in a Nursing application may be filed before the Trademark written account (in applicable trademark jurisdiction i.e Mumbai, Chennai, Kolkata, Delhi, Ahmadabad), wherever the trademark application was originally filed for attaining its registration.

Procedure for trademark rectification in India:-

The application kind accustomed serve trademark rectification or cancellation should be filed in prescribed kind. the appliance should embrace the statement of the case, and submit alongside the prescribed fee. Further, the appliance may be submitted to the Registrar or IPAB.

On receipt of the appliance, the Registrar serves notice to the registered man of affairs to file a counter statement.

Once the counter statement is filed the matter arrives at the proof stage. The parties might need filing their various proofs within the sort of Associate in Nursing official document. After this, there’ll be a hearing. after, the order is passed.

Conclusion:-

In order to forestall the rectification or cancellation or removal of a registered trademark from the register, correct precautions should be taken i.e. the trademark renewal from time to time, not doing something which is able to destroy the distinctive character of the mark or not permit the mark to stay unused for an amount extraordinary 5 years.

Do you have a Trademark? Do a Free Trademark Search before applying.

By |2018-10-25T06:09:35+00:00January 16th, 2017|Categories: Trademark|Tags: , , |0 Comments

About the Author:

Himanshu Jain is the founder of LegalRaasta – India's top portal for registration, trademark, return filing and loans. Himanshu is a CFA (US) & MBA (ISB). He has over 8+ years of corporate / consulting experience with top firms like McKinsey