A trademark is a form of intellectual property consisting of a recognizable symbol, design, or expression which, while trademarks used to distinguish services are generally called service marks, distinguishes goods or services of a particular source from those of others. Trademark Rectification or cancellation of a trademark refers to the mechanism by which a person applies for the withdrawal from the Trademark Registry of a registered trademark. Any person aggrieved by the registration of a trademark may apply for the removal, cancellation, or correction of the trademark register. Rectification is used to remove a registered trademark from the register which is not used within 5 years from the date of its registration. An aggrieved individual may, on grounds of contravention or failure to observe the condition of the trademark already entered in the Register or of an error in the registration of the trademark, apply for the rectification/cancellation of the trademark. The reasons for the rectification of the register are laid down in Section 57 of the Trade Marks Act, 1999. An application for the modification or cancellation of a trademark can also be lodged for the specified time after the registration of the trademark on grounds of non-use of the trademark. An application for the correction of a licensed trademark must be lodged with the same Trade Marks Registry where the application for its registration has been filed. Unlike in the opposition cases, wherein, only a person with a 'substantial interest' or a person who, if the mark existed, would be 'substantially impaired' may file for correction. If the way in which the mark was used allowed it to become liable to deceive the public as a collective mark, the collective mark could also be excluded from the register.  

Grounds for Rectification of Trademarks in India 

• The trademark was licensed without any intention in good faith that it could be used concerning the products and services for which it was originally registered and no use of the trademark had taken place 3 months before the date of application.
• For a continuous duration of 5 years from the date of registration of the trademark, the registered trademark was not used.
• The entry made in the register was made for no reason whatsoever or was gained by deception or misrepresentation of evidence, or where the mark is misleadingly identical to an earlier registered mark.
• In the case of products and services for which the mark is licensed, the proprietor is no longer qualified or there is no longer a public benefit for the mark to remain registered.

Trademark rectification can be prevented if the registered proprietor preserves the mark's distinctive character and prevents it from being misleading, renewing their mark o a timely basis, maintaining the mark, and using it for more than five years and three months from the date of registration of the mark.

Trademark Rectification or cancellation of a trademark refers to the mechanism by which a person applies for the withdrawal from the Trademark Registry of a registered trademark. Any person aggrieved by the registration of a trademark may apply for the removal, cancellation, or correction of the trademark register. The process of rectification is used to remove a registered trademark from the register when it is not used within 5 years from the date of its registration. An aggrieved individual may, on grounds of contravention or failure to observe the condition of the trademark already entered in the Register or of an error in the registration of the trademark, apply for the rectification/cancellation of the trademark. The reasons for the rectification of the register are laid down in Section 57 of the Trade Marks Act, 1999. An application for the modification or cancellation of a trademark can also be lodged for the specified time after the registration of the trademark on grounds of non-use of the trademark. An application for the correction of a licensed trademark must be lodged with the same Trade Marks Registry where the application for its registration has been filed. Unlike in the opposition cases, wherein, only a person with a 'substantial interest' or a person who, if the mark existed, would be 'substantially impaired' may file for correction. Also, if the way in which the mark was used allowed it to become liable to deceive the public as a collective mark, the collective mark could also be excluded from the register. 

Grounds for Rectification of Trademarks in India

• The trademark was licensed without any intention in good faith that it could be used about the products and services for which it was originally registered and no use of the trademark had taken place 3 months before the date of application.
• For a continuous duration of 5 years from the date of registration of the trademark, the registered trademark was not used.
• The entry made in the register was made for no reason whatsoever or was gained by deception or misrepresentation of evidence, or where the mark is misleadingly identical to an earlier registered mark.
• In the case of products and services for which the mark is licensed, the proprietor is no longer qualified or there is no longer a public benefit for the mark to remain registered.

Trademark rectification can be prevented if the registered proprietor preserves the mark's distinctive character and prevents it from being misleading, renewing their mark o a timely basis, maintaining the mark, and using it for more than five years and three months from the date of registration of the mark.

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.