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Correction and Alteration in Trademark Logo Register

• Posted by Rakesh Kumar November 23, 2022 Filed in Business #company logo  #trademark logo registration  #trademark logo  #company logo registration  163 views
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  This article will detail you about the correction in the Trademark Register pertaining to a particular Trademark Logo Registration. If there is a need to alter the existing trademark in the Register of Trademarks, then they can apply for the correction with the Registrar.

  Rectification of Trademark Logo from the Register

   

  Appeal to the Tribunal 

  Suppose some aggrieved person submits an application to the Appellate Board or the RoT, i.e. Registrar of Trademarks, in a prescribed manner. In that case, the Tribunal or the Registrar will command orders for cancelling the registration. The cancellation of a trademark can be on any of the following grounds:

  • Contravention
  • Failure to observe a condition entered on the Register

  Faulty entry into the Register of Trademark Logo

  Any applicant can apply to the Appellate Board or the Registrar in the prescribed manner to issue orders for making, expunging or varying a trademark's entry into the Register. The Registrar can take action on any of the following cases:

  • Absence or omission from the Register of any trademark's entry
  • Entry made in the Register without sufficient cause
  • Entry wrongly remaining on the Register
  • Error or defect in any entry in the Register

  The tribunal can decide on any necessary or reasonable issue concerning the rectification of the Register.

  Tribunal's Action

  After giving the parties concerned notice in the prescribed manner, the tribunal can make appropriate orders relating to the trademark issue. The tribunal must give the trademark owner an opportunity of being heard.

  Registrar briefing

  Any order of the Appellate Board which will fix the Register can direct the notice of the rectification to the Registrar in the prescribed manner. Upon receipt of such information, the Registrar must fix the Register accordingly and immediately.

  Correction of Register of Trademark Logos

  The Registrar can correct the RoT (Register of Trademarks) on filing an application in the prescribed manner by the registered trademark proprietor in the following manner:

  • Correct any error in the name, address or description of the registered proprietor of a trademark or any other entry relating to the trade mark
  • Enter any change in the title, address or description of the proprietor of a trademark
  • Cancel the entrance of a trade mark on the Register
  • Strike out any goods or classes of goods or services for which a trade mark is registered. Also, make any consequential amendment or alteration in the certificate of registration. For this purpose, the proprietor must produce the certificate of registration.

  Error Correction or Change

  The Registrar can correct any error, or enter any change, in the registered user's name, address or description. The proprietor must make an application in the prescribed manner by a registered trademark user. Also, it must happen after notice to the registered proprietor.

  Alteration of Registered Trademark Logos

   The registered trade mark proprietor can apply to the Registrar to add or alter the trademark in the prescribed manner. But the application must not substantially affect the identity. Also, the Registrar can refuse leave or grant it on any terms and limitations as he thinks fit.

  The Registrar can cause an application to be advertised in the prescribed expedient manner. However, the Registrar must do so within the specified time from the date of the advertisement when a person gives notice to the Registrar. Furthermore, this notice must be prescribed for the opposition to the application. Finally, the Registrar can decide the matter after hearing the parties.

  If the leave is granted, the trademark as altered will be advertised in the prescribed manner unless the application has already been announced.