What is rectification of a Trademark?

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Rectification of a trademark can be filed in India on grounds of contravention or failure to observe a condition of the trademark already entered in the Register or an error in registering the trademark.

The grounds for filing a rectification action are as follows:

  1. Contravention or failure to observe a condition entered in the Register
  2. The Register suffers from the absence or omission of an entry e.g. a disclaimer, a condition or a limitation on the registered mark.
  3. The entry made in the Register was made without any sufficient cause i.e. registration was obtained by fraud or misrepresentation of facts or the mark registered was similar to an already registered mark, etc.
  4. Error or defect in any entry made in the Register.
  5. The entered mark was wrongly remaining on the Register i.e. it is contrary to some of the provisions of the Act or is likely to cause confusion amongst the public and trade.
  6. The renewal fee has not been paid.
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