A trademark is a mark for people doing business which helps them to identify and distinguish the goods or services of one company from those of others. It could be a name, a word, phrase, symbol, logo, design or picture. It is used for those people or companies who make their own products and make them unique for themselves so that they can identify their own products from others.
What is a Trademark?
Applicants for Trademark
- Joint Owners
Two people who decide to file application in a trademark can file together but their names should be mentioned in the trademark application.
- Proprietorship Firm
Full name of the person who is the proprietor should be stated in application. Name of individual must be there no name of business is acceptable.
- Partnership Firm
Names of all partners must be mentioned in the application. In case of a minor, guardian name should be entered in the trademark application.
- Limited Liability Partnership
The trademark application will be made in the name of LLP. Partners of LLP cannot make application in their own name.
- Indian Company
In case of private company, application will be made in the name of company thus, director cannot be the applicant of application. He can just be the authorized signatory to sign the application on behalf of the company.
- Foreign Company
In case of foreign company, application will be made in the name of company thus, director cannot be the applicant of application. He can just be the authorized signatory to sign the application on behalf of the company.
- Trustor Society
If a trademark application is made by trust or society, then the name of Managing Trustee or Chairman, or Secretary should be mentioned.
Once you have filed the trademark, if some mistake arises then how to rectify that particular mistake?
It is a legal process to correct or rectify an error or omission that has been made in the trademark application.
Who Can File Application for Rectification?
The person who is aggrieved can file the petition for rectification or cancellation of registration or removal of the registered mark.
Where to File for Trademark Rectification?
For trademark rectification or cancellation, an application should be filed before the Trademark Registry under the jurisdiction where the trademark application was initially filed.
On What Grounds We Can File Application for Rectification?
- Registration was made without sufficient cause and application was made similar to earlier work.
- Mark is creating confusion (unable to understand)
- Changes in relation to a registered trademark for any recent amendment
- Cannot issue any registered trademark for more than 5 years
- Non-Renewal of the previous trademark
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Procedure for Trademark Rectification in India
- Application filed must be in the prescribed form
- Application must contain the statement of case, submit along with prescribed fees
- Submit the application to Registrar or IPAB
- On receipt of application, the Registrar issues notice to proprietor to file a counter statement
- After filing counter-statement, the matter reaches to the evidence stage
- The parties may file the counter statement in the form of affidavit
- Hearing process will be initiated
- Order will be passed
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