Many people wonder whether it is possible to amend the registered trademark or not? In this blog, we will discuss how and where one can rectify, amend, or correct their trademark.
Who is in authority to alter or correct the trademarks?
Under the trademarks act, 1999, the controller general of patents, designs, and trademarks is the registrar of trademarks. A resentful applicant will have to apply for the registration of trademark to the registrar for making the amendments in the application.
What are some of the scenarios in which the application can be made for amendment or correction?
– If there is an error in the name, address, or description of the trademark’s registered owner.
– To make any change in the name, address or description of the person who is registered as the trademark owner. It occurs when the trademark owned by one person is assigned to another company or person.
– To change the taxonomy of goods – for instance, a trademark for a general class of textiles might be wrongly submitted under the taxonomy’ industrial equipment. The registrar might also ask an applicant to submit a correction on a suo moto basis.
-The registrar might also recommend deleting a class that does not equate to the applicant’s goods or services.
– If the figurative characteristics of the trademark are not categorized as per the Vienna code.
– If the mark is closely identical to another mark and consists of a misspelling of a word (Xtra for extra).
– For cancellation of the entry of a trademark.
-To detach any products of products for which the trademark has been registered. For instance, a company might exploit a portion of its business, and therefore, a trademark might not apply to those products of the company.
-To make slight cosmetic changes in the trademark allocated.
-For updating details neglected by you during the application process – like filing of all associates’ names and addresses, translation of marks, resolving errors in classifying goods. To do this, form TM-16 requires to be submitted.
Corrections that need to be made in the certificate of registration.
-For slight errors in the registration certificate – the appropriate form for correction can be submitted with a copy of the registration certificate. Once rectified, a new registration certificate will be sent to the applicant or his/her authorized agent.
– For major errors in registration certificate – examples of major defects in the registration certificate are the wrong publication mark, incorrect classification of products and so forth. In such cases, a process will be taken under section 57(4) of the tribunal’s act.
Procedure for correction in the trademark – what things should one keep in mind?
After the appropriate form has been registered along with the fee and required documents, the following details have to be examined;
– If the trademark is valid or not.
– If the person applying for the amendment or correction is the registered owner of the mark or has a valid title to the mark.
– Where the amendment is coming out of assignment of the mark, if the assignment deed has a stamp, sign, and duly implemented.
– If there are any disputes concerning the title or proprietorship of a trademark, whether either party can submit an affidavit.
Alteration of a registered trademark.
Once you have the registration certificate of a trademark, you can still file an alteration that does not substantially impact the trademark’s identity. In such cases, the registrar might advertise the altered trademark (if there is a requirement). If, within the stipulated time, an objection is to such alteration, the registrar will consider it as a trademark objection that needs TM objection reply before deciding if it can be allowed to alter in your mark.
Here are some of the forms that you might have to submit on the error sought to have a connection.
– For slight changes in the name or description of the registered owner – form TM 33.
– To change the name of the owner of the mark altogether – form TM 23/24.
– Also, to change the address of the registered owner – form TM 34.
– To cancel a registered trademark – from TM 35.
– Also, to strike out any or some of the products – form TM 36.
– To make a change in classification – form TM 40.
– Also, to make the alteration in a registered trademark – form TM 38.
FAQs.
– Can one edit a trademark?
Yes, a trademark can be amended via submission of form TM-38. It should be accompanied by 5 copies of what the edited trademark would look like. If the changes have been approved, the registration certificate of the trademark has to be amended accordingly.
– How can one correct the trademark application?
To make clerical correction in the trademark before registering the mark, an applicant can apply online via form TM-16 accompanied by the mentioned fee. This application can inspect, and the registrar’s office would allow correction of any error in the application after verifying the documents.
– How can one update the trademark?
A trademark can be updated via filing an online application with an apt form number (as stated above), payment of a requisite fee (that ranges betwixt Rs. 500 to 2500/ per mark), and filing the relevant and required documents.