Alteration in Registration Trademark

An alteration in an existing trademark can be done as per section 59 of the Trademark Act 1999 and Trademark Rules 2017 where any mistake or omission has been done in the original application form.

Trademark application that riddled with errors and mistakes tend to get rejected and hence an applicant must be aware of the trademark examination process.

Any trademark application is open to errors and mistakes need to be amended.

And hence, the Trademark Act has laid down the remedies for the rectification of error and mistakes, there are certain provisions prescribed under the act to rectify the details that have been submitted in the application.

The rectification in trademark application can be done prior and post-registration as well.

Alteration in the registered trademark application is allowed under the Trademark Act, 1999, upon following of the basic principle for alteration in trademark i.e. “there should be no substantial change in the identity of the trademark”

The amendment made on the trademark will be the basis to determine whether the trademark’s identity has been drastically affected. The act has not determined any fixed rules for the determination of whether the trademark identity has been severely affected or not.

Conditions where the Alteration of Trademark is allowed:

  • In case of change in name of the business.
  • In case of change in the address of the business.
  • In case of any new license or registration has been taken or given up.
  • In case of any change in the usage and control of the mark.

No alteration can be done in the following cases:

  • If the public search for the trademark is required to be done again.
  • The trademark registered as a whole cannot be changed. A new trademark application is required to be made for the same.
  • The list of goods and services included in the trademark cannot be extended.
  • The amendment made must not alter the usage of the mark.

How the alteration can be made in a registered trademark?

For making an alteration in the trademark, the registered proprietor of the said trademark can apply to the trademark registry in the prescribed form (TM-M)

Further the registrar obtains the power to take decision to alter the same, who may or may not agree to the make the amendment.

Where the request for amendment in trademark is made, the registrar will advertise the application in the prescribed manner. Upon the advertisement has been made by the registrar, it will be open to the general public to raise an objection to the advertised application.

Power of Registrar to make amendment

In case of no objection is raised within the prescribed time period then the registrar will make the required amendment.

If in case the objection is raised by any person in the prescribed time period then the registrar would have the discretion to make a final decision after hearing the parties involved.

 


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