A trademark can be described as the visual identity of a business, protecting the brand identity and differentiating your products and services from those of your competitors. To protect your trademark legally in India, it should be registered with the Office of the Controller General of Patents, Designs, and Trademarks (also known as the Trademarks Registry). According to the Trademark Act of 1999, trademark registration grants the business an exclusive right to the mark. It enables you to take legal action against anyone who attempts to misuse the mark. If an error occurs during the application of the mark or after its registration, the applicant can rectify it.
What is trademark rectification, and when should you file for a trademark rectification?
Trademark rectification is a legal process for correcting errors in a registered trademark. Trademark rectification is necessary to change, correct, or remove the registered trademark from the official records. Trademark rectification is used to correct errors and ensure that the mark accurately represents the goods and services it is intended to protect. Trademark rectification will be necessary in case of typographical errors, administrative errors, or a change of ownership. Trademark rectification in India will uphold the value of the registered mark, thereby safeguarding it from misuse in the marketplace. Trademark rectification does not always require legal proceedings; it can often be resolved administratively or through mutual agreement between the parties involved.
Businesses can file for trademark rectification in cases of incorrect details, bad faith registration, non-compliance with legal requirements, non-use of the registered trademark, or misrepresentation of the details.
Who can apply for trademark rectification in India?
The owner of the trademark can apply for trademark rectification if there are mistakes in the registered mark. A third party can also apply for trademark rectification if they believe that the trademark is wrongly registered and not compliant with the legal requirements. Any trademark owner or individual who feels aggrieved by issues such as the similarity of a registered mark or its registration for malicious purposes is entitled to initiate a trademark rectification process.
Grounds for trademark rectification in India
Section 57 of the Trademarks Act, 1999, outlines the grounds for trademark rectification in India.
Incorrect information
If the information in the trademark application is incorrect, then you can apply for trademark rectification. There could be several mistakes when filing a trademark application, such as errors in spelling, selecting the wrong class for the mark, or incorrect descriptions.
Mistakes in the trademark registration process
Trademark registration in India involves several legal procedures, including where the examiner reviews all the details and sends them to the Trademark Journal. During this stage, the application may face an objection from the trademark authority or opposition from a third party. In such cases, the applicant may need to initiate a trademark rectification process to address the concerns and facilitate successful registration.
Changes in trademark ownership
If there is any change in the trademark ownership, then rectification is necessary to update the ownership details in the TM registry. It is essential to update the ownership details if there is any change, so that you can secure yourself from unwanted disputes.
Deceitful trademark registration
There may be instances where trademark registration is conducted using false information to confuse customers, and trademark rectification can help remove any illegally obtained rights. Any person who feels aggrieved by a violation or non-compliance with a condition related to a registered trademark in India may apply for rectification before the Registrar or the appropriate High Court.
Non-compliant with the legal requirements
According to section 9 of the Trademark Act, a mark should not be generic, descriptive, or offensive to be eligible for registration. It outlines the principal grounds for refusing a trademark, such as a lack of distinctiveness, being descriptive of the goods and services, being misleading, likely to confuse, being offensive to religious sentiments, or containing scandalous or obscene content, which may also be rejected under trademark law. Non-compliance also arises in cases where the mark is not used for a continuous period of five years or where the application contains misrepresentations.
Section 11 of the Trademark Act will prevent the registration of a trademark that is confusingly similar to an existing mark. The application will be rejected if the goods and services are similar or identical, and also if there’s a likelihood of confusion with a registered mark. Also, the trademark will be refused if it is similar to a well-known trademark in India.
Delay in Trademark renewal
To maintain the validity and legal protection of a trademark, it should be renewed every 10 years. Failure to renew on time will put your mark at risk, as it will become vulnerable to claims by third parties seeking to register a similar or identical trademark. In such cases, the original brand owner may need to initiate trademark rectification proceedings to restore or defend their rights.
How will trademark renewal benefit businesses in India?
- You can correct any mistakes in the trademark application.
- There is no need to file a new trademark application, as the existing trademark, which is entered in the TM registry, can be rectified.
- The rectification cost is significantly less compared to filing a new application.
- It will help prevent the misuse of the registered mark.
Partner with Jitendra IP and Legal Services to secure your brand in India:
Trademark registration is crucial to protect your mark from infringement. Before registering your mark, businesses should consider several key factors, including its legal compliance, selecting the appropriate class, and providing a descriptive text. It is a complex process, and this is where Jitendra IP and Legal Services can assist you. Our trademark professional will assist you with the registration process and help ensure compliance with the relevant legal procedures. Additionally, we can assist you with trademark monitoring, renewal, enforcement, and other related services.
