According to the Section 57 of the Indian Trade Marks Act 1999, one can file a request for trademark Rectification, and this section lays down the rules for the same.
The rectification of trademark is filled in cases where there is/was some ambiguity in the trade mark registration. Thus, it is a legal procedure done after trademark registration.
Who Can File This Petition?
Usually, it is the aggrieved party which has the right to file the petition for either the rectification or cancellation of registration. In some cases, the removal of the registered trademark is also asked for.
Following Are the Grounds for Filing an Application for Trademark Rectification
Registration is done on
- Misinterpreted documents and information.
- Changes made in the registered trademark according to the latest advancement in the market.
Procedure to File Rectification Petition
- The primary step involves the filling of an appropriate form for the cancellation or rectification of the trademark by the aggrieved party.
- This application is submitted to the Registrar.
- Once the Registrar receives the application, he/she gives a notice to the registered proprietor, so that a counter statement can be filed.
- Then, the party has to mention the evidence for the case in an affidavit.
- After this, a legal hearing takes place and an order is passed, accordingly.
Note- The trademark rectification can only be filed within the jurisdiction in which the request for the trademark was filed originally.