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Trademark rectification

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Trademark rectification

  1. 1. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, TRADEMARK Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, RECTIFICATION Coimbatore - 641018. Tel: +91 - 422 – 6552921 SUCHITRA BAI Advocate Altacit Global EMAIL info@altacit.com WEBSITE www.altacit.com
  2. 2. MEANING OF RECTIFICATION CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Rectification is the legal procedure to correct/rectify an error or an omission Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, that has been made in the details of a Trademark as recorded in the Trade Mark Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 Register. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 A mark may have been wrongly registered or may be wrongly remaining on the register. In such cases the Act provides for EMAIL info@altacit.com rectification of the register. WEBSITE www.altacit.com
  3. 3. WHO CAN APPLY CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Any person, aggrieved by an entry wrongly made or wrongly remaining on the register of Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Trademark, is entitled to file a petition for cancellation of registration or rectification of Raheja Towers, 26-27, M G Road, Bangalore - 560 001. the register for removal of the registered mark. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  4. 4. GROUNDS FOR RECTIFICATION CHENNAI3rd Floor, ‘Creative Enclave’, • That the register suffers from the absence or omission of an148-150, Luz Church Road, Mylapore, entry e.g. a disclaimer, a condition or a limitation. Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • That the entry was made without sufficient cause i.e. registration BANGALORE Suite 920, Level 9, was obtained by misrepresentation of, facts, similar to earlier Raheja Towers, 26-27, M G Road, mark registered etc. Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • That the mark was wrongly remaining on register i.e. it is COIMBATORE BB1, Park Avenue, contrary to some provisions of the act or likely to cause # 48, Race Course Road, Coimbatore - 641018. confusion. Tel: +91 - 422 – 6552921 • That the mark has not been used for a continuous long period of more than five years. • That the renewal fee has not been paid. • A trademark could be expunged from the register if registration is obtained by fraud. Where the registration has been obtained EMAIL info@altacit.com by suppression of material fact or false statement it is known as WEBSITE registration obtained by fraud. www.altacit.com
  5. 5. WHERE TO FILE CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Rectification/cancellation applications Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 can only be filed at the Trademark Registry (Ahmedabad, Chennai, Delhi, BANGALORE Suite 920, Level 9, Raheja Towers, Kolkata or Mumbai) where the 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, trademark was originally filed for attaining its registration. Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  6. 6. THE PROCEDURE FOLLOWED BY THE REGISTRY FOR CANCELLATION/RECTIFICATION PROCEEDINGS? CHENNAI3rd Floor, ‘Creative Enclave’, • On receipt of the application for rectification, official fees and statement of case the Registrar serves the application148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 and the statement of case upon the Registered Proprietor BANGALORE Suite 920, Level 9, calling upon it to file a Counter Statement (CS). Raheja Towers, 26-27, M G Road, Bangalore - 560 001. • Once the CS is filed, the matter reaches the evidence stage and the parties are required to file their respective Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, evidence in the form of an affidavit/s deposed by their Coimbatore - 641018. Tel: +91 - 422 – 6552921 concerned authorised officer/s. Subsequent to both the parties having filed their respective evidence, the matter is set down for a final hearing giving both parties opportunity to make oral submissions on merits and the order is made in due course. EMAIL info@altacit.com WEBSITE www.altacit.com
  7. 7. STEPS TO PREVENT RECTIFICATION OR REMOVAL OF MARK FROM THE REGISTER CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Renewal of the mark from time to time. Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • Not doing anything which will destroy the BANGALORE Suite 920, Level 9, Raheja Towers, distinctive character or make it deceptive. • Not allow the mark to remain unused for a 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, period exceeding five years. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • Restrain others from infringing his mark by taking prompt action against them. EMAIL info@altacit.com WEBSITE www.altacit.com
  8. 8. IS THE ORDER PASSED BY THE REGISTRAR APPEALABLE? CHENNAI3rd Floor, ‘Creative Enclave’, • Yes, the Order from the Registrar is appealable before the148-150, Luz Church Road, Mylapore, Intellectual Property Appellate Board (IPAB). Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • Appeals can be filed within 3 months from the date such an BANGALORE Suite 920, Level 9, Order is communicated. Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  9. 9. WHERE TO FILE THE CANCELLATION/RECTIFICATION ACTION BEFORE THE IPAB CHENNAI3rd Floor, ‘Creative Enclave’, • Yes, rectification application can be filed before148-150, Luz Church Road, Mylapore, Chennai - 600 004. the IPAB office at Chennai. Once the pleadings arecompleted a hearing is appointed before the Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, IPAB. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
  10. 10. PROCEDURE FOLLOWED BY IPAB FOR CANCELLATION/RECTIFICATION PROCEEDINGS CHENNAI3rd Floor, ‘Creative Enclave’, • In cancellation proceedings before the IPAB, the148-150, Luz Church Road, Mylapore, Chennai - 600 004. party filing the application for rectification is Tel: +91 - 44 - 2498 4821 BANGALORE required to submit its statement of case and Suite 920, Level 9, Raheja Towers, 26-27, M G Road, evidence along with its application. On being Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 served, the registered proprietor is also COIMBATORE BB1, Park Avenue, required to submit its evidence along with its counter affidavit. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • Subsequently, the IPAB appoints a hearing for oral submissions on merit and the Order is accordingly made in due course. EMAIL info@altacit.com WEBSITE www.altacit.com
  11. 11. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. THANK YOU Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com

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