ERRORS/IRREGULARITY IN TRADEMARK? DON’T WORRY WE ARE HERE TO HELP YOU.
Trademark is a unique mark, symbol or label that distinguishes your product from those of your competitors helping in its easy identification. And the owner of the mark can get it registered considering various conditions laid down by the Trademarks Act and Trademark Rules.
If any person is aggrieved by the registration of a trademark due to any errors or mistakes in it, they can approach the registrar to apply for rectification of the trademark which means to remove the mark from the registry.
eStartIndia comprises of best professionals who would help you in filing an effective Trademark Rectification or a counter-statement before the Registrar by understanding your grievances and identifying the best possible defenses that can address the issue. We offer assistance to various services like trademark registration, trademark objection, trademark assignment, trademark renewal, trademark opposition, and trademark rectification.
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GROUNDS FOR RECTIFICATION OF TRADEMARK
Grounds for rectification is mentioned under Section 57 of the Trademarks Act 1999.
- Contravention or Failure: – if it is found that the owner of the registered trademark has failed to comply with the conditions of the register, then such registration can be rectified.
- Absence or omission: – when the registrar omitted an entry or conducted fraud in the process of registration a rectification will be made.
- Non-payment of Registration fee: – if it is found that registration fee was not paid then it shall be rectified.
WHO CAN APPLY FOR RECTIFICATION OF TRADEMARK?
Any person aggrieved by the entry of the trademark in the Trademark Register can apply for rectification or cancellation or removal of the trademark from the registry to the Registrar or Appellate Board.
WHERE CAN THE APPLICATION FOR RECTIFICATION BE MADE?
The application has to be made to the same Trademark Registry under which the Trademark set for rectification was registered or to the Intellectual Property Appellate Board.
