A trademark is a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. A trademark serves a brand and protects a company’s goods or services from infringement or potential damage to its reputation by another company.
Sometimes an application for Trademark Registration is prone to clerical mistakes due to oversight of the applicant. Several provisions are arranged under the Trade Marks Act to correct all the details submitted in the registration application in order to rectify errors and mistakes. Trademark modification is possible in India anytime before or after registration.
Modification of Trademark before Registration
Once a trademark has been applied, the applicant may apply to correct a trademark application by submitting Form TM-M along with the prescribed fee and supporting documentation. Essentially, it is done when any error or mistakes in filing details and data entry require correction or modification. However, no significant changes to an application that may significantly alter the proprietor’s details, specification of goods or services, or use of the mark are permitted.
The following changes are permitted in a trademark application
- Change in name of Applicant
- Change in address of Applicant
- Change in the legal counsel of the applicant
- Deletion of a specific item in trade description under the direction of the trademark officer
- Amendment to the trademark. (amendment which alters the nature of the trademark is not permitted)
According to the Act, the following changes are not permitted:
- Change of type of trademark (wordmark to device mark or vice-versa)
- Change in user date claimed
- Change of trademark as a whole (wordmark, logo or colour specification).
- Change in a class of trademark
- Addition of new specification of goods/services in a trademark application.
Pre-registration Modification can be initiated:
- By the applicant: If the applicant wants to correct or alter an error or mistake made at the time of filing the application for trademark registration, then it can be made by filing a form TM-M on payment of prescribed fees and on submission of required documents.
- By the Registry: If any errors or mistakes are discovered, the Registry may issue an examination report to the applicant or mark the application as “Formality check fail” and request the necessary changes. The applicant is required to make the required changes by filing the relevant forms as per the requirement of the registry.
Modification of Trademark after Registration
There are various provisions that govern and allow for the modification of trademarks, once the trademark is registered. The applicant must file Form TM-P along with the modified and corrected trademark. It depicts how a trademark will appear after the modification. If there is any amendment required after the registration of a trademark, then the same has to be initiated by the applicant himself. It has to be done when any correction is required in the registered trademark. When the applicant wishes to modify or change some details, an application under form TM-P can be made only if it is permissible under the law.
According to the act, the following changes are permissible:
- Addition or alteration of trademark
- Change in address of the registered proprietor
- Change of address for service in India
- Change of ownership of a trademark by way of assignment or transfer
Once the Form TM-P application is submitted, the Registrar will publish the Trademark application in a journal; if no queries are received, the modification is completed.
Trademark modification in India can be an additional burden on both the applicant and the Registry. The addition of excessive processing time for the registration can lengthen the trademark registration process. So, in order to avoid any trademark modification in India, the appropriate remedies should be taken when the trademark is filed and renewed. Taking necessary steps to secure a distinct trademark character, and not abandoning the mark.
Registration Arena is the expert hub that can assist you with the Modification of your trademark along with various other services required for the smooth running of your business. For more details visit us at https://registrationarena.com/ or call us at 8600544411 / 8600544422.