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A trademark may be a unique symbol or mark that distinguishes one product from the other. For simple understanding, it is often compared to a birthmark that’s unique to an individual. To make sure that the trademark is exclusive and exclusive, the proprietor must register it as per the conditions laid down by Trademark Act and Rules.
When Can a Trademark be Rectified?
While applying for the trademark Application, if the applicant of the trademark realizes that there are minor errors in application or if some alterations in trademark application are required then the applicant can file for rectification with the Registrar.
What Action are often Taken Against a Trademark that's Wrongly Registered or Wrongly Remaining within the Register?
In case of the trademark being wrongly registered or wrongly remaining within the register, the Act allows rectification. a person aggrieved by the trademark can apply for rectification or cancellation of the trademark. An aggrieved person implies an individual whose trading interests are suffering from the presence of the entry within the register.
Trademark Registration Process : Examination / Objection
The following are the various stages of Trademark Registration process in India.
How to Apply for Rectification?
The process for application for rectification is often divided into three categories:
Where Can the Rectification or Cancellation be Filed
The application is often filed within the prescribed manner before the Trademark Registry where the first application was filed or at the Appellate Board, and therefore the Tribunal may order the action of rectifying in trademark application or cancelling the trademark, because it deems fit.
Process of Trademark Rectification
The process of trademark rectification just in case of proprietor the registrar of trademark department initiated and registrar initiated remains an equivalent the subsequent are the steps:
•Submission of documents: The proprietor must submit the relevant application(s) along side the alterations required and relevant documents (depending on the alterations required)for supporting the alterations like identity proofs or address proofs.
•Drafting of the application: The applicant then must fill the relevant form with all the small print .
•Filing of the shape : subsequent step is to file the form with the Registrar along side the prescribed fees.
•Approval of government: The last step is approval by the Registrar and modification within the register as needed.When the rectification is initiated by an aggrieved person, then the method is: – The aggrieved person must apply within the relevant form (as began above) along side the rationale for rectification and submit Application it to the Registrar of trademark with prescribed fees. Then the Registrar of trademark department will send notice to the proprietor of the trademark to file a counter statement. Both parties will need to file affidavits producing their evidence. The effect of rectification is often that after hearing the case presented by both parties, the Registrar or the Appellate Board can either cancel, vary, add or remove the entry. Trademark Act and Rules provide relief both to the applicant and aggrieved person to hunt rectification or cancellation of the trademark.
Trademark Objection Reply – Requirements
Reply with in 30 Days
The applicant and the registrar should agree on a contract. This contract usually defines rights and obligations of both parties and includes liability issues, confidentiality, and access rights.
Extension of your time for Reply beyond 30 days
Applicant can file an application for an extension of your time for filing a reply in Form TM-M with requisite (₹900.00).
How to file reply to Trademark Objection
When the registrar is of the opinion that the appliance is responsible for objection, the status of the appliance is modified to OBJECTED
First step is to analyse the examination report and to work out the rationale for the objection raised.
Next step is to organize an objection reply mentioning proper answer to the objection raised with supporting rule of law and judgments supporting the case, along side other supporting documents and evidence that validates the response.
The reply to objection has got to filed within 30 days of the examination report with supporting documents.
If the response is accepted, the appliance are going to be processed further for registration and advertisement within the Trademark Journal.
If it’s not accepted, the registry will mark the matter for hearing and date / time wll be notified to the Trademark Agent.