RECTIFICATION AND ITS PROCESS

Filing of Rectification and its process

Rectification is a process through which one can challenge the registered trademark. When any aggrieved person initiates rectification following is the process to be followed.

Step-1: The aggrieved party needs to file for rectification against the registered application/proprietor of the trademark. In the rectification, aggrieved party needs to mention the reasons for rectification with it then submit the same to the Registrar along with the prescribed fees i.e. Rs. 2700.

Step-2:The Registrar will send the notice to the trademark holder for the same and ask to file a counter statement against the rectification filed by the aggrieved. Registered owner of the trademark has to filed counter statement alongwith govt Fee of Rs. 2700.

Step-3: Both parties have to file evidence affidavits under rules 45, 46 and 47 with their relevant evidence documents to prove their case.

Step-4: After submission of the documents by both the parties, the Registrar or the Appellant Board verifies it and hears the parties accordingly. Later, at its discretion, the decision could be to rectify, add, remove or cancel the trademark.

Consequences of Trademark Rectification on Trademark

Immediately after filing the rectification, the status of impugned trademark will be shown as Rectification Filed. A registered trademark can be removed by an application filed by an aggrieved person although the due process and related evidence are taken into consideration before concluding any fact regarding the trademark. Any trademark which is not being used for 5 years or where the trademark registered has no honest utilization in the market for three years or above would be liable for removable from the Trademark Register. It is also observed as any trademark which is registered shall be used accordingly and maintains its image in the market. The absence of all the above-mentioned elements would result in the cancellation of the Trademark or elimination for a few years.