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MEANING OF RECTIFICATION:

Trademark Rectification or trademark cancellation refers to the process through which a person applies for removal of a registered trademark from the Register of Trademarks. An aggrieved person can apply for trademark rectification/ cancellation on the grounds of contravention or failure to observe a condition of the trade mark already entered in the Register or an error in registering the trade mark.

Section 57 of the Trade Marks Act, 1999 provides for the grounds for Rectification of the Register. An application for rectification or cancellation of a trademark can also be filed on the grounds of non-use of the trademark for a prescribed period of time after the registration of the trademark. An application for rectification of a registered trade mark is required to be filed before the same Trade Marks Registry where the application for its registration was filed.

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