What is Trademark Rectification?

Trademark rectification refers to the process of making amendments, corrections, or modifications to a registered trademark in the Trademark Registry. It can be initiated by the trademark owner or a third party who believes that the trademark is incorrectly registered or should not have been registered in the first place.

A rectification petition can be filed with the Trademark Registrar or the Intellectual Property Appellate Board (IPAB) to address various issues related to trademark registration.

Who Can File for Trademark Rectification?

A rectification petition can be filed by:

1. The Trademark Owner – If they need to correct an error or modify their registered trademark.
2. A Third Party or Aggrieved Person – If they believe the trademark was wrongly registered and affects their business.
3. The Trademark Registrar – In some cases, the Trademark Office may initiate rectification on its own if an error is discovered.

Process of Filing Trademark Rectification

Trademark rectification follows a structured legal procedure:

Step 1: Filing the Rectification Application

The rectification request must be filed with the appropriate authority, which could be:

• The Trademark Registrar if the rectification involves corrections or modifications.
• The Intellectual Property Appellate Board (IPAB) if the rectification involves cancellation or disputes over ownership rights.

The application must include:

• Details of the registered trademark.
• Grounds for rectification.
• Supporting evidence (if applicable).

Step 2: Review by the Trademark Office

Once the rectification application is submitted, the Trademark Office or IPAB will examine the request. They may ask for additional documents or clarifications from both parties involved.

Step 3: Opposition and Hearing

If a third party has initiated the rectification, the trademark owner has the right to respond and defend their registration. A hearing may be scheduled where both parties can present their arguments and evidence.

Step 4: Decision on Rectification

Based on the evidence and arguments presented, the Trademark Office or IPAB will issue a decision. The possible outcomes include:

• Approval of Rectification – The requested corrections or modifications will be made.
• Rejection of Rectification – If the petition lacks merit, the request will be denied.
• Cancellation of Trademark – If the trademark is found to be wrongfully registered, it may be removed from the register.

Step 5: Appeal (If Necessary)

If any party is dissatisfied with the decision, they may appeal to a higher authority, such as the High Court, for further review.