To err is human. It is quite normal for a human being to commit some mistakes and the same is true for trademarks as well. Whether you register a trademark yourself or through a trademark attorney or law firm, there is always a possibility of a mistake.
It may be a wrong trademark name, logo color palette, or trademark-related details; anything can go wrong even after taking complete precautions. Well, the good news is it is possible to rectify the mistakes by following a legal procedure.
What Is Trademark Rectification?
Trademark rectification means alteration, modification, or omission of the trademark’s details in the trademark registry after a trademark has been registered. It is also possible that some trademarks are not eliminated from the trademark registry even after they are expired. In such cases, trademark rectification is possible.
Thus, trademark rectification is possible for:
- Modifying a registered trademark
- Canceling the registration of a mark based on non-use or expiry of its lifetime.
Trademark Rectification Law In India
The Trademark Act of 1999 governs the cancellation and rectification of trademarks in India. Under Section 57 of the Trademark Act, 1999, any person aggrieved by a wrong entry in the trademark register has the right to trademark rectification. Moreover, the act also specifies that an aggrieved person whose trademark entry is wrongly there on the trademark register, he/she can apply for cancellation.
The act lays down 2 scenarios of removal of a registered trademark from the trademark register:
- Non-Use Of Trademark (Under one or more trademark classes)
A trademark that was once registered in India but:
- Was not used for a long period of time (5 years and 3 months in India), or
- Was used improperly, i.e., against the trademark act of 1999.
The aggrieved party must prove that the trademark was registered with no bonafide intention to use it.
- Defensive Trademark registration
In the case of defensive trademark registration where a trademark is registered under various classes but used for only a few of them.