Building a brand and preventing imitation are known to be greatly aided by the trademark registration process. It is necessary for the applicant to alter a registered trademark in the case that errors and omissions.
In addition, the Trade Marks Act 1999 addresses the rules surrounding the alteration of a trademark that has been registered. It is imperative to bear in mind that trademarks are subject to alteration in the course of and following the registration process.
What is a Trademark?
The Trademarks Act of 1999, governs trademarks in India. A trademark is a logo, symbol, or emblem that sets one manufacturer’s products apart from another. In addition, the packaging design, form, alphabet, as well as any combination of these could be included.
To stop other manufacturers from copying your brand, you must register it. It may have a negative effect on the company’s reputation and sales.
™ – An unregistered trademark.
® – The trademark that is registered with the government.
℠ – A trademark for unregistered services.
Who has the Power to Modify Trademarks?
The Controller-General of Patents Filings, Designs & Trademarks is the Trademark Registrar as indicated by the Trademarks Act. The person who feels wronged may ask the Registrar to make amends to the application.
Trademark Modification After Registration
Section 59 stipulates the following requirements for trademark modification:
- If it becomes necessary to redo the trademark search, the ministry will not allow for alteration.
- It is acceptable to change the business name.
- It is acceptable for the business to alter its address.
- It is acceptable to use a newly registered or revoked license.
- If there is a change in the trademark’s usage or control, it is acceptable; this usually applies to collective marks.
After registering a trademark, the process of change is governed by a separate set of rules and guidelines. Under these circumstances, the owner must submit Form TM-P to the appropriate authorities together with the updated or altered trademark that illustrates its post-modification appearance.
Who Has the Authority to Start a Post-Registration Modification?
The following people have the authority to alter a registered trademark:
The Applicant
If an applicant wishes to make corrections or details about filing errors, they may alter a registered trademark.
Additionally, the following is suggested by the phrase situation:
- Modification of the Company’s Name
- Modification of the Place of Business
- At the Registrar’s privilege.
When Can an Applicant Not Modify a Registered Trademark?
The non-permitted situations in which an applicant is not allowed to modify a Registered Trademark are as follows:
- Change of Logo, Mark, and Color specification.
- Change in User Date.
- Change in Trademark Class.
- Change in Trademark Type.
- Change in Trademark Description.
When to Amend a Registered Trademark in Accordance with the Trademark Rules, 2017
According to the Trademark Rules of 2017, an applicant may change a registered trademark in the following circumstances:
- TM-O must be used to report any changes made to, or removals from, any entry pertaining to a trademark or collective trademark.
- In addition to this form, a statement outlining the justifications for any modifications to the case’s facts will be included.
- The application must be submitted to the Trademark Registry if the party submitting the request for trademark modification is not the trademark’s registered user.
- When, within a month of the trademark, the application is sent first to registered users in order to obtain their approval.
- The modification procedure shall be carried out in accordance with section 98 of the Trademarks Rule 2017 if the registrar does not receive any counterattacks within three months of the service.
- If the original application is questioned about how they will defend the modification and its requirements, they must respond to the user within a month of the service.
- The adjustment process will be finished once all the questions have been answered.
- The applicant must submit Form TM-P to the registrar in the event that the address of the business’s registered office changes.
- Following the submission of the application in Form TM-P, the registrar will post the said application in the internet for public inspection.
- If no question has been made, the matter will be settled before the registrar approves the final modification.
In Conclusion
Trademark modification adds extra work for both the register and the applicant. By adding an extra needless processing period, it can cause a delay in the trademark registration procedure. To ensure that the application for trademark registration is submitted accurately and without errors, every effort will be done.
During the registration and renewal process, all required safeguards will be put in place to prevent any trademark alteration, cancellation, or removal from the register. putting up the required effort to ensure that the trademark maintains its uniqueness and never giving up.
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FAQs
1. What does it mean to alter a trademark?
Trademark alteration only affects certain parts of a registered trademark, such as the mark itself, the products or services it refers to, or the name and address of the owner.
2. What types of trademark modifications are permitted in India?
Changing the trademark itself, changing the goods or services it covers, changing the owner’s name or address, and eliminating or restricting certain goods or services are examples of common revisions.
3. How does the Indian trademark change procedure start?
It entails submitting an application, submitting the required fees, and providing supporting documentation to the Trade Marks Registry.
4. Is it possible to change anything about a registered trademark?
No, changes cannot cause the mark to lose its unique identity or even give the impression that it is too similar to other registered trademarks.
5. Are there deadlines for submitting specific changes?
Yes, there are some changes that have deadlines for filing, including changing the owner or the business address.
6. Why should companies make sure that trademarks are modified?
As branding tactics change, trademark modification helps firms stay relevant, protect their brand identity, raise their brand value, and comply with legal obligations.
