Trademark Rectification

Rectification of a trademark is a legal process used to correct or amend any errors or omissions recorded in the trademark registry. When an application for rectification is filed, the applicant is given the chance to be heard, and the trademark entry may then be corrected, removed, or amended as necessary. Several grounds can justify filing for rectification, including:

1. The registered trademark has not been used for over five years.
2. The trademark has not been renewed.
3. The trademark must meet the conditions specified in section 9 and section 11 of the Trademark Act, 1999
4. Amendments, modifications, or updates related to the registered trademark as per recent changes.
5. The inclusion or exclusion of certain classes of goods and services that fall outside the scope of the business under which the trademark was registered.
6. The trademark owner or an aggrieved party seeks to omit specific entries.
7. The mark was wrongly retained in the register, causing public confusion.
8. The trademark was obtained fraudulently or through the concealment of facts or false statements.

Our team can provide assistance with the rectification process by offering expert advice and support to ensure the proper correction or amendment of trademark entries.