Protecting Your Brand: When and How to Seek Trademark Rectification

Trademark rectification formally corrects errors or disputes in registered trademarks to ensure accurate representation of protected goods or services, preserve intellectual property integrity, and avoid abuse or confusion in the market.

Legal Provisions and Eligibility:

Chapter 7 of the Trademark Act of 1999 in India outlines provisions for Trademark rectification. Section 57 of the Act allows anyone associated with a trademark registration or negatively impacted by one to seek rectification. Eligible parties include those who feel cheated by similarity or illegal registration, Trademark holders, and unrelated third parties.

Filing and Jurisdiction:

You can file trademark rectification requests with the trademark registry, appellate board, or tribunal, all of which are authorised to issue Receipt orders. Typically, you file where you first registered, in places like Mumbai, Chennai, Kolkata, Ahmedabad, or Delhi.

Advantages and Grounds for Rectification:

Trademark Rectification offers benefits such as correcting errors without reapplication and saving costs. Justification for correction incorporates section mistakes, non-payment of renewal expenses, deceitful registration, deception, and inability to utilise the Trademark.

Avoiding Rectification:

To avoid rectification, trademark owners should renew their trademarks in a timely manner, maintain uniqueness, use them in commerce, and prevent infringement. Careful selection of trademarks and adherence to legal requirements also help avoid rectification.

Procedure and Documentation:

Trademark rectification involves drafting an application, submitting forms and fees, providing supporting documentation, and verifying documents. Depending on the initiator, forms include TM-16, TM-M, and TM-26. Necessary documents include proof of trademark availability, power of attorney, affidavits, and evidence of trademark use.

Trademark Rectification Fees:

Government fees for trademark rectification in India are Rs. 3,000 for physical filings and Rs. 2,700 for online filings. Professional fees may vary. Consultation with qualified attorneys is recommended for trademark-related services.

Effects of Rectification:

Trademark rectification can lead to removal from the Trademark Register if the trademark is not used in commerce for a specified period. Registered trademarks must stay in the market and comply with usage requirements to maintain reputation and prevent cancellation.

Conclusion:

Trademark rectification is vital for upholding registered trademarks' accuracy and validity and safeguarding intellectual property rights and product representation. Adherence to legal regulations, timely measures, and diligent trademark management are imperative to prevent rectification and uphold brand integrity.