Definition and Purpose

• Rectification of the trademark register refers to the legal process of correcting or updating entries in the official Register of Trade Marks.
  
• It ensures that the register remains accurate, current, and free from any errors or inconsistencies.
  
• The process may involve removal, alteration, or modification of a registered trademark entry.
  
• Rectification maintains the integrity and reliability of the trademark system.
  
• It can be initiated by the registered proprietor or by any aggrieved party.
  

Statutory Basis and Applicability

• The process is governed under Sections 57 to 60 of the Trade Marks Act, 1999.
  
• It applies to trademarks that are wrongly registered, entered in error, or require updates.
  
• It may also be used to address changes in ownership, address, or conditions of registration.
  
• Both registered and unregistered persons can apply if they are affected by the entry.
  
• The Registrar of Trade Marks or the High Court has the authority to decide on rectification.
  

Grounds for Rectification

• The trademark was registered in violation of statutory conditions.
  
• The mark has not been used for a continuous period, as defined by law.
  
• The entry in the register contains incorrect or incomplete information.
  
• The registered mark causes confusion or misrepresentation in the market.
  
• The mark needs legal updates following assignment, merger, or court orders.
  

Procedure for Filing

• Rectification is initiated by filing Form TM-O along with the prescribed fee.
  
• The application must state the grounds for rectification and include supporting documents.
  
• The registered proprietor is notified and allowed to file a counter-statement.
  
• Both parties may submit evidence and attend hearings before a decision is made.
  
• The decision can be appealed in the Intellectual Property Division of the High Court.
  

Effect and Outcome

• If rectification is allowed, the trademark register is corrected, amended, or updated.
  
• It may result in the removal of a trademark, if the registration is found invalid.
  
• The process protects the interests of the public, businesses, and trademark owners.
  
• It promotes accuracy, fairness, and lawful use of trademarks.
  
• The updated entry continues to enjoy protection as per the rectified terms.