Trademark Hearing

DOCUMENTS REQUIRED

Sales invoices or proof of existing use of a similar mark
Copies of relevant advertisements
Images of products associated with the mark
Government registration certificates, if applicable
Screenshots of social media accounts, if relevant
Copies of letterheads and visiting cards

We shall help you in case of the trademark being wrongly registered in the register. The Act allows correcting such errors such as errors in the application form like the wrong address or contact details, error in the details of the trademark such as class, description, classification, and design, error in the details entered in the register, modifying details in the application such as the change of applicant and change of address, removal of the trademark when not in use for five years and three months.

We shall apply in the form “TM-16” along with prescribed fees. We shall submit the relevant application(s) along with the alterations required and relevant documents (depending on the alterations required) for supporting the alterations like identity proofs or address proofs.

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PROCEDURE

Submission of documents

Drafting of the application

Filing of the form

Approval of government

The last step is approval by the Registrar and modification in the register as required. When the rectification is initiated by an aggrieved person, then the process is: – We shall apply in the relevant form (as set out above) along with the reason for rectification and submit it to the Registrar with the prescribed fees. – Then the Registrar will send notice to the proprietor of the trademark to file a counter statement –We shall file affidavits producing their evidence. The effect of rectification can be that after hearing the case presented by both parties, the Registrar or the Appellate Board can either cancel, vary, add or remove the entry. Trademark Act and Rules provide relief both to the applicant and aggrieved person to seek rectification or cancellation of the trademark.

ADAVANTAGES

Correcting Mistakes

It allows the correction of any mistakes that may have been made during the registration process.

Updating Information

It allows for updates to be made to a trademark, such as changes in company names, logos, or taglines.

Strengthening Protection

This includes adding new goods or services to a registration, which can provide broader protection against potential infringers.

Enhancing Enforcement

Rectification can help to enhance the enforceability of a trademark by ensuring that it is up-to-date and accurately reflects the company’s branding. This makes it easier to identify potential infringers and take appropriate action to protect the trademark.

Trademark vs Copyright vs Patent

	Trademark	Patent	Copyright
What can be protected?	Product, Service, Word, Device, Collective Mark, Numbers, Certification Mark, Packaging, Shape, Colour, Pattern, Sound, Symbol, Slogan, Tag line.	Inventions, Product or Process.	Books, articles, music, photography, sculptures, dances, sound recordings, motion films etc.
Eligibility	Distinctiveness and Uniqueness.	Novel, Unique and Industrial applicability.	Unique and Original work
Validity	10 years	20 years	Author’s lifetime + 60 years.