A trademark is a distinctive sign or mark that separates one product from another. It may be likened to a birthmark that is specific to each person for clarity. To guarantee that the trademark is original and exclusive, the owner must register it according to the Trademark Act and Rules' requirements.

Grounds for Rectification of Trademark

The grounds for rectification of the registered trademark are outlined in Sec 57 of the Indian Trade Marks Act, 1999 are as follows:-

According to Section 57(1) and (2) of the Act, the Tribunal may take the necessary actions to cancel or rectify the registration of the trade mark on the basis of any violation or failure to comply with a condition when any person who is unhappy with any entry in the Register of Trade Marks submits an application to the Appellate Board or the Registrar. A party that feels wronged by an entry placed in the Register has the legal right to submit an application for rectification under Section 57. The aforementioned right has limitations that must be met, such as:
 

• Violation of or failure to comply with a condition imposed on the registration of a trademark that has been included in the Register (Section 57(1)).
   
• The Register is harmed if an entry, such as a disclaimer, a condition, or a limitation on the registered mark, is missing or incomplete (Section 57(2)).
   
• The inclusion in the Register was made without a good reason, such as when the registration was gained by deceit or false information, where the mark being registered was identical to one that had previously been registered, etc. (Section 57(2)).
   
• The inputted mark was improperly kept on the Register because it violates various Act restrictions or is likely to lead to consumer and business confusion, for example, the mark violates Sec 9 and 11 of the Act (Sec 57(2)).
   
• The renewal cost is still owed.
   
• According to Section 57's Clause (4), the Tribunal, which is the Registrar or the Appellate Board, may either cancel, alter, create or delete the disputed entry after providing notice and a chance for the parties involved to be heard.
   
• In all legal procedures involving a trade mark, the initial registration of the mark shall be prima facie proof of the mark's validity, according to Section 31(1) of the Act 
   
• Although the IPAB, not the Registrar of Trademarks, has the authority to hear applications for such trademark registration rectifications, the IPAB is the only body with the authority to do so in situations where an infringement lawsuit is ongoing before a civil court and the defendant in the suit is challenging the validity of the plaintiff's trade mark.

How One can Apply for Rectification of trademark?

A registered trade mark must have an application for rectification submitted to the same Trade Marks Registry as the application for registration was submitted. Rules 97 to 100 of the Trade Marks Rules, (2002) set forth the procedure to be followed before the Registrar. On Form TM-O, applications under Section 57 must be submitted in duplicate. A statement of case outlining the type of the applicant's purpose, the relevant facts, and the requested remedy must be included with the application.

The process of rectification of trademarks in India can be divided into 3 categories which are as follows:-

• Cancellation or rectification requested by the trademark owner – Submit the form "TM-16" together with the required payments.

• Form "TM-M" and the required payments are required for any cancellations or rectification requested by the registrar.

• Form "TM-26" and the required payments are required for every cancellation or rectification requested by a party that feels wrong.

Where to File for The Rectification of Trademark Registration in India?

Before the Trademark Registry where the initial application was filed or at the Appellate Board, the application may be submitted in the appropriate way, and the Tribunal may order the action of cancellation or rectification of the trademark as it sees fit.

The Rectification Process of A Trademark Registration in India

Documents Submission: The owner must submit the appropriate application(s) together with the necessary modifications, as well as any supporting documentation (depending on the necessary modifications, such as identification or address verification).

Application Drafting: The candidate must next complete the application form with all pertinent information.

Filling of the Form: The form must then be submitted to the Registrar along with the required payments.

• For requests for trademark correction, the Form TM-O application form must be submitted in three copies.
• It is crucial to make sure that every justification for filing a rectification application is included in detail and explained in the trademark application.
• The correction should be completed if your argument is convincing and supported by adequate evidence.

Government Approval: The Registrar's permission and any necessary rectifications to the register are the last steps. When an aggrieved party requests correction, the following steps must be followed: – The aggrieved party must submit an application on the appropriate form (as described above) to the Registrar together with the required payments. – The trademark owner will then receive notification from the Registrar to submit a counter-statement, and both parties will be required to submit affidavits containing supporting documentation. After hearing both sides' arguments, the Registrar or the Appellate Board may choose to change, add, or delete the entry as a result of rectification. Both the applicant and the wronged party have the right under the Trademark Act and Rules to request the cancellation or rectification of the trademark.

The applicant is given the chance to be heard or to correct the error and the application is required to be resubmitted in cases where the trademark registrar has indicated the trademark registration as "Formalities Check" or "Send back to EDP." In this situation, the update in the trademark must be put up to correct every mistake that the trademark examiner has found.

Conclusion

A trademark in India may be amended legally to address any errors or omissions that were made in the information about the trademark that was entered in the trademark registers. A mark may be incorrectly registered when it is being used as a trademark or it may even continue to exist in the trademark registries after it has expired. The Indian Trademark Act allows for the filing of a request to correct a registered trademark in each of these circumstances.

Online legal India provides you with all the trademark registration services from doing your online trademark registration to any rectification in the trademark, we provide all your necessary services at an affordable price. We are always there to help you & to provide the best services.