Can classes be added to an existing trademark Registration

The Indian trademark law permits applicants to make small edits or revisions to their trademark applications as long as they don’t significantly alter the mark’s identification or the range of products and services the application covers. The applicant will need to file a new application if the update significantly alters the original trademark application; otherwise, it will not be considered eligible for amendment.

Before the brand registration mark is completed and at any point after the application is filed, a correction or alteration is allowed under Section 22 of a Trademark Act. If changes are made after the mark has been advertised, this will result in re-advertising, which will ultimately cause the trademark registration to be delayed and burden the applicant financially.

We have covered every aspect of “Amendments in Trademark Applications” within the Indian Trademark Act of 1999. We have shed light on nearly all common sorts of trademark revisions and dug deep into their significance in the registered trademark registration process, from amending application facts to changing trademarks and fixing user date errors.

 

Does an already-existing trademark allow for class additions?

Any number of classes for goods and/or services) must be selected at the time an application for a trademark is launched. It’s the well-known Nice classification, a worldwide classification of services and products used for trademark registration that is changed frequently to accommodate business needs. A class may contain only one type of product (such as class 23: threads and yarns for textile use) or it may contain a variety of products that can be very different from one another (such as class 20: furniture, mirrors that are picture frames; non-metal storage or transportation containers; unworked or semi-worked bones, horn, whalebone, or mother-of-pearl; the shells; meerschaum; amber yellow). Thus, selecting Nice classes is a very sensitive decision. Entrusting your trademark filing process to an IP specialist will provide you with the necessary support in selecting and drafting the goods and services that must be picked!

Determining the boundaries of the registering brand’s protection requires choosing one or more classes

After filing a trademark application, it cannot be amended in any way (or, in the case of a registered trademark, the registration cannot be amended).

In no manner may the trademark protection be increased, nor can it be decreased by adding a number of classes or products as well as services ( even though the class is the same), unless the specifications serve to better or more precisely describe the product and/or service instead of increasing the registering a brand protection. You can choose to forego certain products or services, along with one or more classes, so you can restrict the protection.

We are able to restrict the scope of our trademark’s protection, but not increase it

But take note: this does not preclude me from filing the identical word mark, “ABC,” to identify jewelry in class 14 if I have already filed it to distinguish beauty products in class 3.

I will certainly be able to do it; however, the trademark will be distinct from the first one despite having the same word mark and filing date. This will mean that it will have a different level of protection to the first trademark in terms of when protection first started, as well as a new the identification number. In addition, the filing fees will need to be paid up front.

 

To put it briefly, a fresh trademark registration process needs to be completed

But let’s examine the issue of trademark filing fees in more detail.

Assuming that if user want to submit the trademark application “ABC” under class 3, I will be required to pay the defined amount of fees, that price which is represent by that the intellectual Property Office requests in order to register an trademark in a certain class.

In the event that I decide to protect jewelry bearing my register a brand later on—after a month, six months, or even years—I will need to register my trademark in class 14 and reapply the word mark “ABC” in class 14, both of which will require me to pay the defined amount of costs.

Should I have possessed foresight and anticipated from the start that I would utilize my trademark for both jewelry and cosmetic goods, I would have immediately submitted a single trademark application under classes 3 and 14, payment that is required for the filing of two trademark applications.

To keep costs down, safeguard your company more effectively, and avoid having to add more classes later on, it’s best to precisely list all short and medium term purposes for your brand registration.

 

Common trademark application amendments

The Trademark Registry must review trademark applications through a rigorous process. The purpose of this procedure is to safeguard applicants’ and current trademark owners’ rights as well as to guarantee adherence to legal criteria. Nonetheless, it is typical for applicants to become aware of the need for revisions or changes to their applications after they have been submitted.

Common adjustments that a candidate may make include changing the applicant’s name or address, making changes to the trademarks itself, fixing user date errors, or even changing the class of services or products that are offered. A effective trademark rectification procedure in India requires knowledge of the “common types of modifications in trademark applications” and the “appropriate stages for filing” them.

Let us now review the main modifications that can be applied to a trademark application, along with the factors that need to be taken into account for each of these modifications.

1. Modification or correction of the applicant’s name or address: In most cases, the registrar permits changes to be made to the trademark application and overlooks typographical errors. It does not, however, permit you to substitute another person’s name for the applicant’s. To put it another way, changing the applicant’s name is permitted, but changing the trademark address is permissible for both correction and amendment.
2. Trademark registration amendment: The applicant is typically needed to submit new representations of the trademark as adjusted for substitutes in his application when a mark can be changed without the need for a new application. In certain exceptional circumstances, such as when the mark is in colors along with the applicant would incur undue expense or be unable to provide illustrations of the proposed modified mark in its original colors, the registrar may permit the applicant to amend the mark in the most practical manner without changing the mark’s identity.
3. Modifying the user’s date: The date or length of time the mark has been continually used in relation to the specified goods specification should be indicated in a trademark registration application. There are occasionally cases brought before the registrar to remedy errors in user statements.

In each of these situations, the applicant has the burden of proving to the registrar that the changes should be made. Due to priority in mark adoption, the accurate date of usage assumes significance as it impacts the rights of parties. The registry has a policy of permitting these changes whenever supporting documentation is obtained.

4. Modification incorporating a shift in class: Both for administrative reasons and to determine the extent of the trademark’s usage, the classification provided in the application for the trademark is pertinent. A trademark application might be placed into what are known as “pigeon holes.” This type of trademark application update is typically permitted by the registrar, subject to the particular facts and situations of each case.
5. The phase at which the modification is implemented and handled: A trademark application amendment may be submitted prior to brand registration or rejection. Any change submitted prior to the release of the report of the examination is thought to be superior. On the other hand, the application requires a new examination from the examiner if it is filed once the report of examination has been released.

In the same way, a re-advertisement is necessary if the modification application is submitted following trademark promotion. Should an adjustment be made subsequent to a third party’s opposition to the brand registration, said third party must be informed of the amendment.

 

When Is It Possible to Submit a Trademark Amendment?

A trademark application amendment may be submitted at any time prior to brand registration or rejection. However, before the trademark inspection report is released, is when it is advisable to file an amendment.

The brand registration process may be further delayed if a trademark amendment applications is submitted after the report of the examination has been released because it requires a new examination by the examiner. Similarly, if the application for trademark rectification is submitted after a trademark was already advertised, a new advertisement will be needed, which could further prolong the procedure. If an adjustment is proposed after another party has objected to the application, the third party must be informed of the alteration prior to the Registry granting final approval.