Key features of filing trademark rectification at legaldarbar.com:

• Prevents abuse – prevents unauthorized or misleading trademarks from continuing in the register.
• Legal protection strengthens the rights of the right owners by removing the wrong trademark.
• Maintains the reputation of the market – ensures that only actual businesses have valid trademarks.
• Trademark implements laws – encouraging compliance with trademark rules.

Why is trademark rectification important? Legal darbar will tell you.

• Registration fixes incorrectness: The trademark application corrects clergy errors, such as incorrect ownership, squares, or details of goods/services.
• Incorrectly recorded trademarks: If a trademark was registered with fraud or without proper authority, improvement can be used to remove or change it.
• Trademark prevents abuse: This ensures that a trademark is not claimed by misleading or errors by someone else.
• Trademark changes details: The brand logo, the name, or other elements allow reflecting business changes.
• Protects real brand owners: If you register the same brand similar to the already installed brand, the improvement helps to remove such contradictory scars.
• Ensures compliance with statutory provisions: The trademark is held in accordance with the Trade Act, 1999, which can break legal norms.
• Brand maintains reputation: This prevents confusion in the market by ensuring that the trademark is accurately represented and legally preserved.

When can the trademark be rectified at legaldarbar.com?

• If registered with incorrect details.
• If not used for five years in a row, it can cause cancellation.
• If recorded in fraud or bad faith.
• If the trademark becomes normal or misleading over time.

Types of trademark rectification:

1. Improvement due to errors or incorrectly registered trademark:

• If a trademark was recorded in bad faith or through fraud.
• If it is the same as or like an existing registered mark.
• If it violates the provisions of the Trade Act.

2. Improvement for non-use (Section 47 of the Act):

• If the trademark has not been used for five years after registration.
• If the owner has left the mark without proper justification.

3. Improvement for incorrect details in the register:

• Error in name, address, or other details about the owner of the brand.
• Error in details of goods/services.
  Any clergy or procedural errors made during registration.

4. Improvement due to non-renewal:

• If the renewal fee was not paid within the set time.
• If the trademark was removed from the register due to non-transport.

5. Improvement due to generic:

• When a trademark loses its uniqueness and becomes a common word (e.g., “Xerox” for photocopy).

6. Improvement for ownership:

• If there is a change in ownership, merger, or allocation, the register must be updated.

Documents required for trademark rectification:

1. Application for improvement (form TM-O): This form is used to request or cancel the registered trademark.

2. Details of registered trademark:

• Trademark registration certificate copy.
• Trademark application number and class.
• Description of trademark owner.

3. Basis for improvement: Due to improvement, such as incorrect details, recording of non-use, or fraud.

4. Support evidence (if applied):

• Evidence of non-use (e.g., market survey, report).
• Documents proving previous use by another party (e.g., invoices, ads).
• Legal agreement, court order, or relevant legal documents.

5. Proxy (form TM-48): If an agent or lawyer submits on behalf of the applicant.

6. Affidavit in support of improvement:

• A certified declaration of facts and allegations of improvement.
• When filed, the registrar can hear before making a decision. legaldarbar.com