A trademark protects your brand and is an important business asset. So, it is necessary to ensure that the trademark is correctly registered. If there need to be any changes after application, you can do so by following the procedure below.
Overview
Trademark registration is a lengthy process that takes around a year. One has to make sure that everything submitted for registration is error-free so that you can enjoy proper trademark protection. That is why many businesses prefer to register their trademark through Vakilsearch’s experts. Know How to Amend a Registered Trademark in this blog!
In case you want to amend or correct your trademark after applying, you can do so. Read the article carefully to understand the process.
Authority For Altering Trademarks
Under the Trademarks Act, it is the Controller-General of Patents Filings, Designs & Trademarks who is the Registrar for Trademarks. An aggrieved applicant has to apply to the Registrar to make amends to the application.
Application for an Amendment or Correction Can Be Given
- In case there is an error in the name, address, or description of the registered proprietor of the trademark
- To enter any change in name, address, or description of the person who is registered as the proprietor of the trademark. This happens when the trademark owned by one person is assigned to another person or company
- To change the classification of goods, for example, a trademark for the general class of textiles may be incorrectly filed under the classification ‘industrial equipment’. The Registrar may also ask an applicant to file a correction suo moto
- Registrar may also suggest the deletion of a class that doesn’t correspond to the goods or services of the applicant
- If the figurative elements of the trademark are not classified according to the Vienna Code
- If the mark closely resembles another mark, including a misspelling of a word (xtra for extra)
- For cancellation of the entry of a trademark
- To remove any goods or classes of goods or services for which the trademark has been registered. For example, a company may exit a segment of its business, and therefore, a TM may not apply to those goods and services of the company
- To make minor cosmetic changes in the TM granted
- For updating details missed out by you during the application, such as submission of names and addresses of all partners, translation of the mark, and remedying errors in classifying goods. To do this, Form TM-16 needs to be filed.
Correction in the Certificate of Registration
- For minor errors in the certification of registration: The appropriate form for correction can be filed with a copy of the certificate of registration. Once corrected, a new certificate of registration would be sent to the applicant or their authorized agent.
- For major errors in the certificate of registration: Examples of major flaws in the registration certificate are the wrong publication of marks, incorrect classification of goods/services, etc. In such a scenario, a proceeding will be initiated under Section 57(4) of the Act, by the Tribunal.
Process for Correction in the Trademark – Things to Keep in Mind
After the appropriate form has been registered along with the fee and supporting documents, the following details will also be examined –
- Whether the trademark is valid
- Whether the person applying for the correction or amendment is the registered proprietor of the mark or has valid title to the mark
- In case of amendment arising out of the assignment of the mark, whether the assignment deed has a sign, stamp, and duly executed
- If there exist disputes regarding the title or ownership of the TM, an affidavit can be filed by either party.
So keep these things in mind while filing for correction and try to make everything clear in the application itself to ensure that the process goes smoothly.
Alteration of a Registered Trademark
After you’ve received your certificate of registration, you can still submit an alteration that doesn’t substantially affect the identity of the TM. In such a scenario, the Registrar may advertise the altered TM (if need be). If within the time frame, an opposition is filed to such alteration, the Registrar would consider that before deciding whether to allow alteration in your mark.
Using the free Trademark Search engine provided by Vakilsearch, you can determine whether a trademark is accessible before beginning the registration process.
Here’s a quick summary of the forms you may have to file for altering a trademark. This is for:
- Minor changes in name or description of the registered proprietor – Form TM 33
- Changing the name of the proprietor of the mark altogether – Form TM 23/24
- Changes in the address of the registered proprietor – Form TM 34
- Cancelling a registered trademark – Form TM 35
- Striking out any or some of the goods or services – Form TM 36
- Changes in classification – Form TM 40
- Alteration in a registered trademark – Form TM 38
Permitted Alterations or Amendments
If the proprietor’s name or address on the trademark label changes, adjustments or amendments are permitted. Changing the address of the trademark is not crucial. Adding ‘limited’ to a company’s name is acceptable.
If a signature represents the company’s name, no alterations are allowed. The registrar may advertise the change in the journal if necessary. Opposition to alterations can be submitted using form TM-39, stating the basis for objections.
The registrar will notify the proprietor and others, allowing for a counterstatement on form TM-6. Rules 50 to 57 outline the process for further opposition. If no counter statement is filed or there’s a delay, the registrar will decide whether to allow it after hearing from the proprietor. The changed trademark will then be published in the Trade Marks Journal.
How to Register a Trademark Error-Free?
While there are ways to correct your trademark application, it is better to ensure that you get it right the first time. If not, it can result in a considerable delay in your application being processed. Apply for a trademark online through Vakilsearch will ensure that your application is submitted error-free. We collect the required documents from you and our experts verify them before moving on to applying. Register your trademark in 3 simple steps now.
Frequently Asked Questions
1. Can you edit a trademark?
Yes, once given, the trademark can still be amended by filing Form TM 38. This has to be accompanied by five copies of what the edited trademark would look like. If the changes are approved, the certificate of registration of the trademark is given with those amendments.
2. How do I correct a trademark application?
For clerical corrections in the TM before the registration of the mark, an applicant can apply online through Form TM 16 accompanied by the prescribed fee. This application is examined and the office of the registrar will enable the correction of any error in the application. After verification of documents, a correction would be made.
3. How do you update a trademark?
A trademark can be updated by submitting an online application with the appropriate form number (mentioned above), paying the requisite prescribed fee (usually ranges between ₹500- ₹2500 per mark) and submitting the relevant supporting documents.
4. How to Register a Trademark Error-Free
While there are ways to correct your trademark application, it is better to ensure that you get it right the first time. If not, it can result in a considerable delay in your application being processed. Applying for a trademark through Vakilsearch will ensure that your application is submitted error-free. We collect the required documents from you and our experts verify them before moving on to applying. Register your trademark in 3 simple steps now.
When can rectification be filed in trademark?
Rectification can be filed if there are errors in the trademark register, such as incorrect details or entries. It's typically pursued to correct mistakes regarding ownership, registration, or other essential information related to the trademark
How do you renew and restore a trademark?
To renew a trademark, file a renewal application with the relevant trademark office before the expiration date. Restoration involves reinstating an expired trademark, typically within a specified period after expiration, by submitting a restoration application and paying the necessary fees
What is rectification under trademark?
Rectification in trademark refers to the process of correcting errors or inaccuracies in the trademark register. It aims to ensure that the register accurately reflects the current status and details of trademarks, such as ownership, registration information, or any other relevant data concerning the trademark.
