If any person is aggrieved by an entry wrongly made or wrongly remaining on the register of trademark, he is entitled to file a petition for cancellation of registration or rectification of the register for removal of the registered mark. Rectification of the register is a proceeding in which a party seeks to remove a registered trademark from the register. In India, Section 47 of the Trademarks Act lays down two scenarios regarding removal of a registered trademark namely:
- If it is proved that the trademark was registered without any bona fide intention of use on part of the owner. Quite often, as part of trademark searches that we conduct prior to filing, we come across applications which have been filed in all the 45 classes although the mark is actually used for one or two classes only. This is termed as defensive registration and the court has held in various cases that such registrations should not be encouraged. Therefore, if a person proves that the applicant has no intention of actually using the mark with respect to the products and services the mark has been filed with respect to, a petition for cancellation can be filed for removal of the mark from the trade register.
- If the trademark has not been used for a continuous period of 5 years from the date of registration of the mark and three months prior to filing the application for registration. In effect, if the mark has not been used for a period of 5 years, then any aggrieved person may file a petition for the rectification of registration for the removal of the registered mark from the trade register. In the present case, even if there was some initial usage of the mark, if the mark has not been used for a continuous period of 5 years after registration of the mark, then an application for rectification can be filed. An application for rectification of a registered mark can also be filed in the mark has been wrongly registered or may have remained on the register even after its expiry.
Alonika.in is having a team of expert Lawyers having vast knowledge and practical experience of Trademark law’s, represent matters in tribunals and courts and well versed in drafting and filing trademark rectification notice and reply.
For further information on filing an application for cancellation/rectification please contact.
Details required:
- Trademark application no of Applicant
- Trademark application no on which rectification is to be filed
- KYC of Applicant
Includes:
- Drafting of Documents (POA)
- Drafting of Trademark rectification notice / reply
- Drafting of application for Trademark rectification / reply
- Filing of Trademark rectification application / Counter statement