Non Use / Rectification

None Use / Rectification

Non Use / Rectification

NON USE:

Any person aggrieved by the non use of a registered trademark remaining on the register of trademarks, may make an application in the prescribed manner to the Registrar or to the appellate tribunal office for removal of the trademark only on the following grounds:

  • No bonafide intention for using the trademark by the applicant
  • A period of 5 years from the date of application has elapsed and during this there has been no bonafide use of the trademark by the proprietor.
  • Honest concurrent use under section 12 of the Act is an exception the above.

RECTIFICATION:

What is Rectification?

Rectification as per the dictionary means “TO set right” or “TO Correct”.

According to the procedure under the Trademarks Act Rectification means correction or alteration.

Procedure:

On application made in the prescribed manner to the Appellate Board or to the Registrar by any person aggrieved, the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention, or failure to observe a condition entered on the register in relation thereto.

  • Any person aggrieved by the absence or omission from the register of any entry or by any entry  made in the register without sufficient cause, or by any entry wrongly remaining on the register,  or by any error or defect in any entry in the register, may apply in the prescribed manner to the Appellant Board or to the Registrar, and the tribunal may make such order for making, expunging or varying the entry as it may think fit.
  • The Registrar may on application made in the prescribed manner by the registered proprietor:-

(a) correct any error in the name, address or description of the registered proprietor of a trade mark, or any other entry relating to the trade mark:

(b) enter any change in the name, address or description of the person who is registered as proprietor of a trade mark:

(c) cancel the entry of a trade mark on the register:

(d) strike out any goods or classes of goods or services from those in respect of which a trade mark is  registered and may make any consequential amendment or alternation in the certificate of registration and for the that purpose, may require the certificate of registration to be produced to him.

The Registrar may, on application made in the prescribed manner by a registered user of a trade mark, and after notice to the registered proprietor, correct any error, or enter any change, in the  name, address or description of the registered user.

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