Some applications are made in a rush. Sometimes, after applying, you might realize that you don’t want a particular class of goods and services in your mark, etc. For these reasons, The Trade Marks Rules included a right to correct your application.
An applicant for registration of a trademark may, whether before or after acceptance of his application, but before the registration of the mark, apply in Form TM-16 accompanied by the prescribed fee for the correction of any error in or in connection with his application or any amendment of his application.
An application to amend a trade mark application must be made in writing.
However, no such amendment shall be permitted which shall have the effect of substantially altering the original trademark or substitute a new specification of goods or services not included in the initial application.
Meaning, you can exclude some goods or services from your original application; however, you can not include any new ones.
The Registrar decides whether to allow an amendment or correction to an application on a case to case basis.
In some cases, the Registrar may request an applicant to provide correction into the applications. The Registrar may require the amendment of any application or representation of a trade mark or any other document or the addition of any matter thereto in order to bring it in accordance with the formal requirements of the Act.
One of those reasons may be the incorrect filling of Goods and Services classification.
No fee is, however, payable where the request for correction or amendment is made as a result of an order of a public authority or in consequence of a statutory requirement.
The Trade Marks Act also makes provisions for amendment or correction of any clerical error in the Certificate of Trade registration and states that the Registrar may amend the register or certificate of registration for the purpose of correcting a clerical error or an obvious mistake.
The correction can be initiated both before and after the acceptance of the TM application. The correction is at the discretion of the Registrar as per Section 22 of the Trademarks Act.
1. An amendment that substantially alters the original mark;
2. Substitutes new specification of goods and services, which were not included initially in the application
In 2014, a judgment passed by the Delhi High Court had broadened the scope of amendment by declaring that any restriction or limit imposed on the same would be illegal by giving the Registrar powers to decide the allowance of an amendment depending on the case at hand and if it has been filed in good faith.
1. Change in address of applicant or of the service
2. Deleting a certain good/service from the list
3. Data entry Errors etc.
Lastly, correction can be made for clerical errors in the Certificate of Trade Registration. The Registrar shall amend the register/certificate of registration accordingly so as to correct the mistake.
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