Trademark Rectification
Any kind of modification, changes, rectification or alteration executed in the Register of Trademarks or in the registered trademark is known as Trademark Rectification. Trademark Rectification is the genuine process to deal or to correct the errors or an omission that has been entered after the trademark registration process in the nuances of a trademark as saved in the trademark register.
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Rectification is the genuine procedure to address or correct an error or an omission that has been made after the trademark registration in the subtleties of a trademark as recorded in the trademark register. Rectification filed in trademark is the arrangement of such cases that the Indian Trademark Act has drafted. It is possible that you may happen to register the mark in a wrong manner or it might stay accessible on the register after expiry.
Continuing further into Trademark Rectification we should initially understand what ‘Trademark Rectification” is and when does it show up in trademark registration?
Any sort of changes, rectification, adjustment or modification acted in the registered trademark or in the Register of Trademarks is known as Trademark Rectification.
In India Chapter VII of the Trademark Act of 1999 administers the privilege identified to trademark rectification. Section 57 of the Trademark Act 1999 states that any individual disturbed by such section in the trademark register can report an utilization of the rectification of trademark. However, trademark rectification does not work in each circumstance, now and again, and a mistake can lead to cancellation of trademark registration.
It will in general be recorded by the owner of the trademark itself for eliminating the specific blunder. It may moreover be recorded by some other individual or substance being violated by such section. Note: that convincing verification is to be assembled by the candidate, especially on account of the removal of any enlisted trademark of some other individual/substance from the register of trademarks.
Trademark Registration in India
Taking a trademark registration online would help a business entity make use of certain symbols or even words that represent the business and the products or the services made available by them. This will also help in marking the products and services offered by them as unique ones when compared to the competitors or the rivals. And the trademark registration taken by one person or business cannot be taken by any other person or business entity. It acts in the form of an asset that would equip the business to protect its brand name which is a major part of its credibility and identity.
Eligibility for Availing Trademark Registration Online in India
- Individuals
- Business entities
- Non-Profit Organizations
- Proprietorship entities
- Joint Venture
- Foreign Company
- Indian Company
- LLP or Limited Liability Partnership
- Trust
- Society
Types of Trademark Registration Online in India
The types of trademark registration online that can be taken in India have been discussed below:
Product Mark
This is majorly representing the product or a good that is sold by an entity. It will help in marking and registering the origin of the product which would help the entity maintain its credibility. The trademarks application made from 1 to 34 are considered to be the ones taken for marking the products or the goods.
Service Mark
It is marking a service rather than a product for distinguishing the proprietors from the real owners of such similar services being provided. It shall be filed under the class of trademarking starting from 35 to 45.
Collective Mark
It is used for calling out to the public the differential features or attributes that are held by a product or a service which is representing a collective of the same. This can be used by both individuals and groups such that they can collectively protect the goods or services and such entities can either be a company formed under Section 8 of the Companies Act, an association, or even a public institution.
Certification Mark
This helps in denoting the origin, the quality, material used, and other specific details of the products which are being sold. This is basically done to provide customers an assurance that the product is certified and marked after making itself taken through several quality checks and standard tests. This type of trademark registration online is generally sent on foods that come packed or even toys.
Shape Mark
This will help in marking and protecting the shape of a product which would make it easy for consumers in the market to relate it directly with the particular producer of the goods and buy it from them along. But it is important that the product is having a noteworthy shape.
Pattern Mark
This can be done for those products which are having a noteworthy pattern which is acting as the factor differentiating and distinguishing the same from the other products. For this, the patterns should stand out and should be remarkable and unique.
Sound Mark
This is the marking given for a sound that can be associated with a product or the service that is having its origin with a certain vendor of the same. It is also known as audio mnemonics and is seen either at the beginning or end of an ad, say the IPL tune.
- In circumstances where the trademark registration has meant the trademark registration as Formalities Check or Send back to EDP, from that point on the opportunity of being heard and reviewed is given and needs to be resubmitted. In such a case, the revision deed is to be set up to address all the concerns of the trademark examiner.
- The application structure used for mentioning trademark amendment is to be documented in three-fold, is the Form TM-O.
- Guarantee that your trademark revision application is an indisputable and new clarification of grounds, identified with the application.
- You should reinforce your contention with strong confirmation to help amendment of the predefined trademark.
- Beside this we immovably suggest if there should be an occurrence of Trademark Rectification contact a specialist and take effective help of the trademark rectification expert, who is very much educated about the latest updates and progressions in the trademark market.
- IVEC.inhas a group of specialists and experts who energetically offer their skillful types of assistance for all tasks related to trademark objection, Trademark registration, trademark rectification.
The registered trademark can be mentioned to be eliminated from the register if it is exhibited that the trademark was enrolled with no honest to goodness objective and where there has been no certifiable use of the trademark increment to a date three months before the date of utilization and 5 years have sneaked past after registration and still not put to use.
Note: that the time of five years is to be resolved from the date on which the mark was truly put on the register, for instance, the date on which the enrollment was mentioned to be made and not from the date of the application.
On receipt of the application, the Registrar serves notice to the enlisted proprietor to record a counter verbalization.
At the point when the counter clarification is recorded the issue appears at the verification stage. The gatherings may require recording their specific confirmation as an Affidavit. After this procedure, there will be a consultation. Along these lines, the request is passed.
To shield your registered trademark from correction or cancellation or expulsion you need to receive fundamental safeguards, for instance, the trademark renewal every once in a while, not doing anything which will destroy the unmistakable character of the mark or not grant the mark to remain unused for a period outperforming five years.
How will I realize my Trademark has a problem with?
The status of the trademark application can be followed here. The status will be shown as ‘Objected”.
When should the response be drafted and submitted?
The response has to be drafted and submitted in the notice of 30 days from the date of issuance of the assessment report.
Is it necessary to submit a User Affidavit along with the response to an objection or examination report?
Yes, it is mandatory to submit an affidavit mentioning the usage of the Trademark.
What happens if one can’t go to the hearing at the scheduled date?
If he/she is not able to attend the hearing the applicant may request a hearing adjournment.
After the hearing, when the Trademark will be registered?
Approximately, Trademarks will be registered in 3-5 months after the hearing..
Is it necessary to submit a User Affidavit along with the response to an objection or examination report?
Yes, it is mandatory to submit an affidavit mentioning the usage of the Trademark.
What happens if the Hearing is not successful?
If it is not successful, there will be a Refusal Order passed that clarifies the explanation for the refusal.
What occurs if I maintain my business with a rejected Trademark?
Trademark registration is required for making legal action against infringers. It is always advisable to apply for a new trademark application and/or contest the rejected trademark, as the case may be.
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