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Key aspects of rectification of TM

Posted By Admin on 05 Jan 2018

There are many cases where infringing marks have been fraudulently registered by various entities in order to get undue benefits. This primarily happens because of ignorance and oversight by registered IP/ TM owner. There is a very strong case for registered owners to protect themselves against such attempts to register an conflicting mark but many times they still need to get the fraudulently registered marks cancelled by filing rectification applications.

The rectification is a painful process and can take lot of time and money. The process can be filed at any of the registrar’s office, where mark is registered or at IPAB. The process generally needs to be supported by lot of material evidence of prior use of mark, investments done in businesses and business promotion/ brand building, global usage etc. While the process is independent and works with the registrar of the TM but many times the mark owners need to approach the local courts (generally a state high court) for relief. The courts generally don’t interfere with the rectification process but decide on the right of the mark based on the material evidence produced in the court.

The process of rectification of marks also needs to be strategized based on the class, product, extent of use etc and need lot of information on the opposite party for their extent of use etc. This process also needs to take into consideration all infringing marks rather than only the mark against which rectification is being sought. The timing of the rectification is also a very important aspect which needs to be considered. 

The platform helps registered mark owners not only to identify  the infringing marks  with the help of a IT tool but also, has registered professionals across various locations, to file &  logically get the process completed. The process is also mapped on the FitCounter application for better visibility and tracking the status.

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