How And When To Amend Registered Trademark?

How And When To Amend Registered Trademark?

Trademarks protect your brand and are an important business asset. It is therefore crucial to ensure that your trademarks are correctly registered. You can make any changes required after application by following the procedure below.

The trademark registration process takes about a year. A trademark registration must be error-free in order to enjoy the benefits of trademark protection. trademark experts are therefore preferred by many businesses for trademark registration. 

Your trademark can be amended or corrected after you have applied. Follow the instructions carefully to learn how.

Trademark Alteration Authority

The Trademarks Act appoints a Trademark Registrar, who is appointed by the Controller-General of Patents, Designs & Trademarks. In order to amend an application, an aggrieved applicant must contact the Registrar.

Situations In Which An Amendment Or Correction Can Be Requested

  1. Incorrect information is provided about the registered proprietor of the trademark, such as name, address, or description
  2. Changes in the name, address, or description of the trademark proprietor. If a trademark is owned by one company or person, it is assigned to another company or person.
  3. In order to change the classification of goods, a trademark for textiles may be filed incorrectly under the heading of industrial equipment. Motorcycles can also be requested to be corrected by the registrar 
  4. Registrars may also suggest that a class be deleted if it does not correspond to the applicant’s goods or services 
  5. In the absence of a Vienna Code classification for trademark figurative elements 
  6. Similar marks such as a misspelled word (xtra for extra) 
  7. A trademark must be canceled in order to be canceled
  8. Delete any goods or classes of goods or services for which the trademark has been registered. A company may exit a segment of its business, in which case a TM may not apply to the goods and services of that company
  9. Minor cosmetic changes will be made to the TM granted
  10. Update details missed during the application process, such as the names and addresses of all partners, translating the mark, and fixing mistakes in the classification of goods. TM-16 must be submitted. 

Corrections To The Registration Certificate

  1. In case of minor errors, a copy of the registration certificate can be filed with the appropriate form for correction. Once the error is corrected, the applicant or their agent will receive a new registration certificate. 
  2. For example, the wrong publication of marks, incorrect classification of goods or services, are all examples of major errors in registration certificates. A proceeding will be initiated under Section 57(4) of the Act in this case. 

Key Points To Be Kept In Mind When Correcting A Trademark

The following details will also be examined once we have received the appropriate form, fee, and supporting documents –

  1. Trademark validity 
  2. The applicant for correction or amendment must be the registered proprietor of the mark or hold valid title to it 
  3. When an amendment arises as a result of the assignment, the assignment deed should be stamped, signed, and duly executed.
  4. When a dispute arises regarding ownership of a TM, either party may file an affidavit.

To ensure that the process runs smoothly, keep these things in mind when submitting a correction request and ensure everything in the application is clear.

Trademark Alterations

After receiving your certificate of registration, you can still submit an alteration that does not substantially alter the trademark’s identity. The Registrar may advertise an altered trademark (if necessary). An opposition filed within the time period will be considered by the Registrar before any changes can be made to your mark. 

Listed below is a quick overview of the forms you may need to file when changing a trademark. These include:

  • Form TM 33 – Minor changes to the registered proprietor’s name or description 
  • Form TM 23/24 – Changing the name of the owner of the mark altogether 
  • Changing the address of the registered proprietor – Form TM 34 
  • Form TM 35 – Cancellation of a trademark registration 
  • The goods or services may be struck out in part or in full – Form TM 36 
  • Form TM 40 – Changes in classification
  • TM 38 – Alterations to registered trademarks

Error-Free Trademark Registration

Correcting a trademark application is possible, but doing it right the first time is preferable. You may experience a significant delay in the processing of your application if you do not follow these instructions. With experts, you can submit a trademark application error-free. Before we start processing your application, our experts verify all documents you provide. Register your trademark now in three easy steps.

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