Updated on: Oct 12th, 2021
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5 min read
A trademark is a unique symbol or mark that distinguishes one product from the other. For ease of understanding, it can be compared to a birthmark that is unique to a person. To ensure that the trademark is unique and exclusive, the proprietor must register it as per the conditions laid down by Trademark Act and Rules.
While applying for the trademark or post it’s registration, if the applicant of the trademark realizes that there have been minor errors or if some alterations are required then the applicant can file for rectification with the Registrar.
In case of the trademark being wrongly registered or wrongly remaining in the register, the Act allows rectification. Any person aggrieved by the trademark can apply for rectification or cancellation of the trademark. An aggrieved person implies a person whose trading interests are affected by the presence of the entry in the register.
The grounds for rectification can be classified as follows:
The process for application for rectification can be divided into three categories:
The application can be filed in the prescribed manner before the Trademark Registry where the original application was filed or at the Appellate Board, and the Tribunal may order the action of rectifying or cancelling the trademark, as it deems fit.
The process of trademark rectification in case of proprietor initiated and registrar initiated remains the same. The following are the steps:
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A trademark is a unique symbol that distinguishes products. It can be rectified for errors and misregistrations by following the Trademark Act's conditions. The rectification process involves filing with the Registrar or Appellate Board. Grounds for rectification include errors in application details or unused trademarks. Applications can be filed by the proprietor, Registrar, or an aggrieved person. Process includes submission, form-filling, fee payment, and approval.