Rectification is the process by which the errors or omissions made in the register of trademarks are corrected. Rectification is done after the registration of trademarks. Trademark rectification is done on the following grounds: (i) any contravention; or (ii) failure to observe a condition entered on the register. For instance, if the trademark violates section 9 or 11 of the Trademarks Act, 1999, then it may be removed from the register. The application for rectification can generally be made by any person who is aggrieved by such error or omission. Such an application is made to the registrar or in some cases to the appellate board also.
While deciding the issue of rectification the tribunal gives notice to the parties and gives them the opportunity to present the case before decide upon any question that is raised regarding rectification. The registrar has the power to do the following changes i.e., to correct any error in the name, address or description of the proprietor of a trade mark, enter change in the name, address or description of the person who is registered as proprietor of a trade mark or he can cancel the entry made for a trademark or can delete any classes of goods or services for which the trademark was registered for.
The proprietor of the trademark can also make application in regard to modification to the trademark. But such modification should not affect the identity substantially. On alteration it shall be advertised.