Introduction: Trademark Rectification

Trademark Rectification is a process of correcting or revising the trademark which is either contravening the necessary conditions of an already existing trademark or got registered with some errors on the register.

The Trademark Rectification procedure in India is as follows:

A trademark rectification request shall be filed before the same trademark registry where the concerned trademark registration was filed. The trademark rectification application shall be filed in Form TM-M (for unregistered trademarks) & TM-P (for registered trademark). The forms should be filled with the statement of the case consisting if the applicant’s interest, the changes suggested in the concerned trademark and relief if applicant seeks any. The rectification applicant may also submit an annexure along with the forms if they wish to submit some extra information or proofs to the registrar.

What happens when a trademark rectification application is submitted to the registrar/ tribunal?

Once the trademark rectification application is submitted, the trademark registrar checks the application and look for the contravened conditions or errors in registration and relative proofs.

The registrar/the appalled board then asks the registered trademark owner to submit a counter statement and then sends notices to the concerned parties and calls them for hearings. The concerned parties then are asked to submit valid proofs justifying their concerns.

Government fees associated with Form TM-P needs to be submitted.

Accordingly, the trademark registrar or tribunal may REMOVE, MAKE, VARY or CANCEL the trademark entry in question.

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