What is the process of trademark rectification or correction after registration?

Introduction:

One of the most valuable assets of any business is a trademark. It is not just a word, logo or symbol but it is what differentiates one brand from another in the market. Once a trademark is registered, it gives the rights and legal protection of the trademark. But sometimes a situation arises where errors are made in registering a trademark or the trademark is registered wrongly in violation of the law. In such situations or cases, a protective mechanism is provided by the law which is called trademark rectification.

Here rectification means modifying or correcting an entry in the trademark registration register and at the same time it ensures that the register is transparent, accurate and fair. In India, this process is governed by the Trademark Rules 2017 and the Trademark Act, 1999. Understanding how rectification happens is important for businesses that own trademarks.

Meaning of Trademark Correction:

Trademark rectification means making corrections in the trademark register, which is maintained by the Registrar of Trademarks. It may include alteration, deletion and cancellation of a previously registered trademark. This process is governed under Section 57 of the Trademarks Act, 1999.

For example, if a company registers a trademark with incorrect details such as wrong classification of goods, spelling mistakes, wrong address, or incorrect address, then in such a case the company itself can apply for rectification to rectify the error. Also, if a trademark is registered without sufficient reason or wrongly, any aggrieved third party can apply for cancellation or rectification.

Who can apply for rectification?

The law provides that rectification can be applied for by any aggrieved person. This phrase is widely interpreted and includes:

● Third parties or competitors- Those who feel that the registration done by a wrongly registered mark is harming their rights, then such party can do so.

● Trademark owner - When the trademark owner feels that there is some mistake in the registration done by him, then he can correct the mistakes in his registration.

● Public interest applicant - All those cases come under this where a trademark is against the law or public morality.

Procedure for Trademark Correction:

The procedure for correction before the Intellectual Property Appellate Board (IPAB) is done by the trademark registry or in some cases after significant reforms in 2021, the work of the Intellectual Property Appellate Board has been transferred to the high court.

The procedure is as follows:

1: Filing of the application:

This type of procedure begins when the aggrieved party or the owner submits an application for rectification in the prescribed form (TM-O). The application should contain the following:

● Evidence or supporting documents

● Grounds for rectification

● Details of the registered trademark

2: Serving notice to other party after filing application:

Once the application is filed, the registrar sends a notice to the opposite party (i.e. the trademark owner if the application is filed by a third party). This ensures that the other party gets adequate time to defend its registration.

3: Filing of counter statement by the party to whom notice was served:

The party to whom notice was served when the trademark is challenged is entitled to file a counter statement opposing the application. The respondent may also argue that the registration made was valid and that no grounds for rectification of the registration apply.

4: Submission of Evidence:

Evidence, supporting documents and affidavits may be asked to be submitted by both the parties such as if the party seeking rectification of the trademark is not in use on the ground of non-use then the party i.e. the applicant has to prove that the trademark which is being sought to be rectified has not been used continuously for 5 years.

5. Hearing:

After reviewing the documents, the Registrar may call both parties for a hearing. Lawyers or trademark agents usually represent the parties during this stage. The Registrar listens to both sides, examines the evidence, and considers the legal provisions.

6. Decision:

Finally, the Registrar passes an order. The order may:

● Cancel the trademark registration.

● Remove the trademark from the register.

● Allow corrections or alterations.

● Reject the rectification application.

The decision of the Registrar can be challenged before the High Court if any party is dissatisfied.

Conclusion:

Trademark rectification is a very important legal process that ensures that trade marks remain valid and accurate. Registration of a trademark does not mean that it cannot be challenged. Anyone who is aggrieved by a trademark registration can seek rectification on grounds such as confusion, incorrect registration or non-use.

The process of trademark registration, though technical, plays an important role in building the integrity of the trademark system. It is important for company owners to challenge the registration of trademarks that are registered by others in an incorrect manner and at the same time, being aware of rectification helps protect their own marks. After all, rectification is a follower of the fact that intellectual property rights are not absolute but fairness and accuracy are subject to public interest.