Section 57 of the Trademarks Act, 1999 provides for the grounds for rectification of the Register of Trademarks maintained by the Registrar. Rectification can be done on the following grounds –
- Contravention or failure to observe a condition entered in the Register in relation to the registration of the mark;
- The register suffers from the absence or omission of entry, for instance – a condition or limitation on the registered mark;
- The entry made in the register was made without sufficient cause, for instance – registration was obtained by fraud or misrepresentation of facts or the mark registered was similar to an already registered mark, etc.;
- Error or defect in any entry made in the register;
- The entered mark was wrongly remaining on the register, for instance — it is contrary to some of the provisions of the Act or is likely to cause confusion amongst the public or trade or the mark is in contravention of section 9 to 11 of the Act;
- The renewal fee has not been paid.
An application for rectification of a registered trademark is required to be filed before the same Trademark Registry where the application for its registration was filed.
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