Trademark Rectification क्या होता है | Trademark Rectification से कैसे बचें | हिंदी में Trademark

Rectification is the legitimate technique to address or correct a mistake or an omission that has been made after the Trademark Registration is done and has been recorded in the trademark register. It is possible that the trademark has been registered in a wrong manner or it may remain available on the register even after expiry. The Indian Trademark Act provides us with the solution to file for rectification in such cases.

Proceeding further into Trademark Rectification lets first understand what “Trademark Rectification” is and when does it appear in trademark registration? Any sort of changes, modification, rectification or alteration performed in the registered trademark or in the Register of Trademarks is known as Trademark Rectification.

In India Chapter VII of the Trademark Act of 1999 governs the right related to trademark rectification. Section 57 of the Trademark Act 1999 states that any individual concerned of such entry in the trademark register can file an application for the trademark rectification. However, trademark rectification does not work in every situation and error can lead to cancellation of trademark registration.

What is Rectification of Trademark?

Trademark is an intellectual property right which protects unique mark, symbol, design, expression, etc of a product which distinguishes it from other products in the market. The registered mark has to be according to the norms of the Trademark Act. If there is any error in the trademark then a process of rectification is followed which rectifies r corrects the trademark and makes it eligible for trademark registration.

Rectification of trademark is a legal procedure to rectify or correct any error or omission that was made in the particulars of a trademark as has been recorded in the registers of trademark. A mark may get wrongly registered during the trademark registration or may even remain in the registers of trademark after its expiry. In all these cases, the Indian Trademark Act has a provision for filing for rectification of the registered trademark.

Who can file for Trademark Rectification?

Any person aggrieved by the mark if the mark is looking similar to an existing mark.
The proprietor of the trademark can himself record the error and file for rectification of error.
It can be filed by any third person or other individual or entity being misled by that mark.
Note: The applicant is required to submit the proof whenever he is filing for removal of any registered trademark from the register of trademarks.

How Rectification affects the Trademark?

After the application of rectification is filed, the applicant is given the opportunity of being heard and accordingly they may expel, drop, or rectify the trademark entry in the registry.





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