Trademark Rectification in India
Any changing, alteration, or rectification in any registered trademark or in the Register of Trademarks in any country, is commonly known as trademark rectification or rectification of the trademark register. The term trademark cancellation is also used, especially in the case, when an application is filed for removal of any previously registered trademark (or service mark) from the register of trademarks. This very informative webpage offers exclusive and hugely beneficial information regarding the trademark rectification in india, applicable to trademarks and service marks related with all 45 classes of the Nice classification.
In India, the Chapter VII of the Trade Marks Act of 1999 contains provisions and rights regarding the trademark rectification and cancellation in entire India. In general, the application for trademark rectification is filed by the owner of the registered trademark, and the application for trademark cancellation is filed by any other aggrieved (third) person or entity for the purpose of removing any registered trademark of any other person/entity from the national register of trademarks. The trademark rectification means making any changes or refinements in any previously registered trademark/service mark by the owner of the trademark itself. However, this demand may also be filed by any other person or entity unfairly affected. Solid and convincing evidences are to be submitted by the applicant, especially in the case of removal of any registered trademark of any other person/entity from the register of trademarks.The most common grounds for filing an application for trademark rectification or cancellation have been the following in India and abroad:
- Making any changes, rectifications, or refinements in connection with any registered trademark/service mark, as per the latest knowledge or advancement
- Non-use of any registered trademark for over 5 years by the registered owner
- Non-renewal of the original or previous registration of the trademark
- Inclusion or addition of certain more class(es) of goods or services to the business gamut of the registered trademark
- Non-conformance to any or more grounds stipulated in the Section 9 and Section 11 of the Indian Trade Marks Act of 1999.
Procedure for Trademark Rectification in IndiaThe application for trademark rectification or cancellation is to be filed with the concerned zonal Registrar of Trade Marks or with the Intellectual Property Appellate Board (IPAB). The procedure for trademark rectification in india involves the following compulsory requirements:
- The application form used for demanding trademark rectification or cancellation, which is to be filed in triplicate, is the Form TM-26, or the Form TM-43 (for the collective or certification marks).
- A clear and crisp statement of grounds, associated with the application
- Evidences to support rectification or removal of the specified trademark
In addition to well-informed, expert, and efficient service for trademark rectification and cancellation in India, our veteran and vibrant trademark lawyers also offer masterly services for all tasks related with registration, maintenance, and protection of trademarks and service marks in India and abroad, for all 45 classes of the Nice classification.
Brisk accessibility to our top-notch and reasonably-charged legal services for trademark rectification or cancellation, or any other legal services related with trademarks, may be secured just through calling over: +91-8800-100-281; or sending a mail to: Contact@TrademarksIndia.net.