Trademark Rectification and its Filing By Kanakku Pillai

Any kind of modification, changes, rectification or alteration executed in the Register of Trademarks or in the registered trademark is known as Trademark Rectification. Trademark Rectification is the genuine process to deal or to correct the errors or an omission that has been entered after the trademark registration process in the nuances of a trademark as saved in the trademark register.

Filing Trademark Rectification

It will in general be recorded by the owner of the trademark itself for eliminating the specific blunder. It may moreover be recorded by some other individual or substance being violated by such section. Note: that convincing verification is to be assembled by the candidate, especially on account of the removal of any enlisted trademark of some other individual/substance from the register of trademarks.

Does rectification affect the Trademark?

In the wake of hearing the solicitation by giving identical opportunities to the concerned gatherings, they may drop, oust, or rectify the trademark entry in the registry.

  • Regular Grounds for documenting an application for Trademark Rectification in India
  • Non-renewal of the past trademark
  • Due to the most recent information
  • Not utilizing the enlisted brand name for more than 5 years or more can prompt Trademark Rectification
  • Conditions which are non-conformance to any or more grounds specified in Section 9 and Section 11 of the Indian Trade Marks Act of 1999
  • In circumstances where consideration or development of certain more class (es) of merchandise or administrations to the business range of the registered trademark
  • Where the registration was obtained by distortion of, real factors like an earlier mark enlisted and needs a satisfactory explanation for registration.
  • Circumstances where the mark was wrongly remaining on the register and causing or obligated to make strife.
  • The particular exclusion of entry, for instance, a disclaimer, a condition or a restriction.
  • At the point when the reestablishment fee has not been paid.
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