Trademark Ratification is a legal process to correct or rectify the error or omission in the details of a trademark as recorded which had happened at the time of registration of trademark. Section 57 of the Trade Mark Act,1999 provides for the grounds for Ratification of the Trademark in India.
The Trademark Act provides for rectification in the register of trademark which has been wrongly registered trademark or may have remained on the register ever after its validity period as provided at the time of registration.
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Who can file Application for Rectification of Trademark in India?
Sections 57 of the Trademarks Act provides for the rectification of a registered Trademark from the Register of Trade marks on an application made by ‘any aggrieved person’.
In order to file an application for rectification of the registered Trademark, the Applicant would need to prove that he is aggrieved by the registration of the Trade mark.
Where can an Application for Rectification of Trademark be filed in India?
An application for rectification of a registered Trade mark is required to be filed before:
- The same Trade Marks Registry where the application for registration was filed;
- The Intellectual Property Appellate Board in Delhi (for Delhi jurisdiction) and Chennai (for all other jurisdictions).
Grounds for Trademark Rectified in India?
Section 57 of the Trademarks Act provides for the rectification of a registered Trademark in India:
- Any contravention or failure to observe a condition of the Trade mark entered in the Register;
- Any absence or omission of an entry in the Register, e.g. a disclaimer, a condition or a limitation on the registered Trade mark;
- Any entry made without any sufficient cause in the Register, e.g. registration was obtained by fraud or misrepresentation of facts or the Trade mark registered was similar to an already registered Trade mark;
- Any error or defect in any entry in the Register;
- Any entry wrongly remaining in the Register, e.g. it is contrary to some of the provisions of the Act or is likely to cause confusion amongst the public and trade.
Precautions to be taken in order to prevent the rectification of a registered Trademark:
- Renewing the Trade mark from time to time.
- Preserving the distinctive character of the Trade mark and avoiding its becoming deceptive.
- Not keeping the Trade mark unused for a period exceeding five years.
- Taking prompt action against or restraining others from infringing the Trade mark.
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Note: This Post was last updated on May 21, 2021
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