A trademark is considered to be a unique mark or symbol that differentiates one product from the other. It is somehow similar to a birthmark of a person. For ensuring that a trade mark is exclusive and unique, the proprietor needs to register it according to all the conditions that are provided by the Trademark Act and Rules. Nowadays, things have been made simpler, as you can check the application status of your trademark online, and in case a fault is made, you can rectify the trademark as well. This article will deal with everything that you need to know about this:
- Online advancement made things easier in trademark application tracking:
An individual who has applied for a trademark must check the trademark’s application status. After a trade mark has been filed, the application will be processed by the registrar of the trademark within six to twelve months. And throughout this entire period, an applicant needs to constantly visit the website of the trademark registrar for tracking the application’s status. In opposition or objection like this, the applicant will need to respond correctly to the application in the very first place. This needs to be done in the provided time for making sure that the application is not abandoned. With the advancement of the registration of trademark online, trademark filing’s transparency and efficiency have exponentially improved. In short, you can now track your trademark application online. Besides, efficient actions can be taken by an expert on a trademark based on the status of the application.
How to check Trademark Status?
After you have finished filing the information, you will need to check the status of the trademark. For checking the trademark application status, follow the steps given below:
Step 1: Visit the website
If you are looking for the most recent, reliable, and updated information about a trademark application, you need to visit the IPINDIA website. Or else you may directly click on the website of the registrar where you have applied for your trademark.
After you get on the main page of E-register, you will find four options- Trademark Application/Registration Mark, Trade mark Indexes, Receipt/Acknowledgement for Postal Application, and Track Legal Certificate Requests. On the left-hand side, you will need to tap on the “Trademark Application/Registered Mark” icon. This will take you to the next window.
Step 2: Choose the National/IRDI Number
Now, you will find two options. But you will need to click on “National IRDI Number”.
Step 3: Input the Trademark Application Number
Then, you will have to input your trademark application number in the provided space. Then, you will need to enter the captcha code appropriately. After you have entered the details, then you will need to tap on “View”.
Step 4: Check the Trademark Application Information
After you have completed the captcha code, the most updated trademark application number will be returned by the system, along with a complete list having all documents that are filed with the trade application. Finally, you can easily see the status of the trademark application.
If any error takes place in a trademark, a rectification process is followed that corrects and rectifies the trade mark and makes it eligible for trademark registration. Trademark rectification is considered to be a legal process for rectifying or correcting any omission or error that was done in a trademark’s particulars and has been recorded in the trademark registers. During a trade mark registration, a mark may be registered wrongly, or it can remain in the trademark registers even after it is expired. In cases like these, a provision is there to file for the registered trademark’s rectification.
Who can apply, and what are the grounds of application?
While applying for a trademark or after its registration, in case the trademark’s applicant realizes that a minor error has been made, or in case few alternations are needed, then a rectification with the registrar can be filed by the applicant.
When a trade mark is registered wrongly in the register, rectification is allowed by the Act. A person who is aggrieved by the trademark can apply for the trademark’s cancellation or rectification. An aggrieved person and their interests in trading are affected by the entry’s presence in the register.
Error in the form of application such as wrong contact details or address, error in the trademark details like design, classification, description, and class, error in the details included in the register, modification of details in application like the change or applicant, or change of address, trademark removal in case it is not used for 63 months, are some of the grounds for rectification.
However, instances can be there when a registrar orders to rectify on encountering some errors or when the aggrieved person applies for removal or rectification.
Types of forms needed for Trademark Rectification
- For cancellation or rectification initiated by an aggrieved individual, along with the prescribed fees, the application needs to be done on form “TM-26”.
- If the cancellation or rectification is initiated by the registrar, along with the prescribed fees, form “TM-M” needs to be applied.
- In case the cancellation or rectification is initiated by the trademark’s proprietor, you need to apply in the form “TM-16” with the prescribed fees.
Where to file a trademark Rectification?
You can file the application in a prescribed manner in front of the Trademark Registry where the filing of the original application was done or at the Appellate Board. The Act of cancellation or rectifying the trademarks can be ordered by the Tribunal as it fits.
How to Get Trademark Rectification?
The process to get trademark rectifications are discussed below:
Step 1: Documents submission
As a proprietor, you need to submit a suitable application or several applications with all the alternations needed and other relevant documents based on the alternations needed to support the alterations, such as address proofs or identity proofs.
Step 2: Application drafting
With every detail correctly, you will need to fill out all the relevant forms.
Step 3: Form filing
Now, you will need to fill the form correctly with the registrar with the prescribed fees.
Step 4: Government approval
The last step is all about the registrar’s approval and the modification or changes in the register according to the requirement. In case an aggrieved person has initiated the rectification, the aggrieved person needs to apply in the relevant form with the reasons to rectify along with the fees prescribed and submit it to the registrar.
After this, a notice will be sent by the registrar to the trademark’s proprietor for filing a counter statement. Affidavits need to be filed by both parties to produce their evidence. The rectification’s effect may be that after the case that is showcased by both of the parties is heard, the Appellate or the registrar may either vary, cancel, remove or add the entry.
The Trademark Act and Rules offer relief to both the aggrieved person and applicant for seeking cancellation or rectification of trademarks.
How to avoid trademark rectification?
The best ways to avoid trademark rectification are discussed below:
- You need to renew the trademark registration constantly.
- Do everything for protecting the specific trademark and do not let it become misleading or deceptive.
- Make use of the trademark constantly for a long period, and do not keep it unused for more than five years.
- As soon as you notice an infringement, take instant legal action.
What are the sources of Trademark laws?
The sources of trademark laws are the national statutes, the Trade Marks Act 1999, the National bilateral treaty, international multilateral convention, regional treaty, decision of the courts, textbooks written by professional experts and academicians, the decision of the Intellectual Property Appellate Board, and others.
What are the elements in the register of a trademark?
The trademark’s register that is maintained at present in an electronic form consists inter alia, the trademark, the class, and the services pr goods related to which it is registered along with the particulars that affect the registration of scope’s rights, the proprietor’s address, other description or the trade’s particulars, the convention date of the application (in case it is needed), the place of the trademark where it was registered with the proprietor’s consent.
Who benefits from a trademark?
The trademark’s registered proprietor can make, establish, and protect the goodwill of their services or products. They can stop other traders from making use of their trademark unlawfully and sue for damages, and also secure the infringement of goods or labels.
What are the kinds of trademarks that can be registered?
Sound marks, the shape of goods or their packaging, color combination, monograms, devices or symbols, numerals or letters, an invented word, arbitrary dictionary word, or any name can be used as trademarks.
After you have crafted a trademark, the entire duty is yours, right from applying for it up to checking its status and eventually making sure that everything is in the correct place.
Also, do not be casual about your trademark, and in case you see someone else using it, take legal steps. Get in touch with the registrar if you think that you have made any mistake or in case you think any change is needed.