Trademarks in India are governed by the Trademarks Act, or the Act 1999. A registered trademark is any indication, mark, logo, device, symbol, etc. that is used to set one manufacturer’s products apart from another. It could also refer to the way the products are packaged, the way the product is shaped, or a combination of colors, letters, etc. Getting a trademark registered is necessary, if not required, to prevent it from being imitated or utilized by another firm. It would have a significant impact on the company’s revenue and goodwill. A trademark application may need to be corrected for a variety of reasons, such as incorrect data entry or incorrect application filing. The Trademark Act, 1999 and Rules 2002 permit the correction of any inaccuracies in a trademark application.
Trademark registration:
- ™ is used for an unregistered trademark.
- ®– designates a trademark that is officially registered without the government.
- The unregistered service trademark ℠ is in use.
® can only be used next to a logo or design once its registration is finished.
Trademark Application Form-16
An applicant who has submitted an application for trademark registration may request corrections or amendments prior to trademark registration by submitting trademark Form-16 together with the required payment and accompanying documentation.
The scanned copy of TM-16 will be uploaded into the trademark filing system through the Trademark Office upon submission of the application. The applicant can verify the uploaded TM-16 by conducting a search online for documents submitted with the trademark application.
Can we modify the class in a trademark application?
Once a trademark application has been submitted with the IP office in India, it is usually not possible to change the class of products or services listed in the application. This is due to the fact that altering the class will change the significant essence of the program. There are a few exclusions, though.
- Preparation by a third party: It may be feasible to change the classes until the final draft of the application is prepared if the application is being prepared by a third party.
- Application was rejected: The number of classes may be restricted to prevent overlap in the event that a similar trademark owners in one of the classes opposes the application. This would require the submission of a new application, which would cost extra.
- Application for trademark amendment: Depending on the situation, the Registrar may occasionally permit a change to the class of products or services. The viability and ramifications of such adjustments can be assessed with the assistance of a trademark specialist.
The authorized Correction & amendments
The Registrar with Trademark may commence a TM-M as part of its adjudicating authority, or an applicant or their legal agent may do so. When it comes to improving the application, the Registrar has the authority to suggest changes to the applicant (Rectification or cancellations initiated by the registrar).
A person who files a trademark application may request corrections or amendments prior to registration by submitting a trademark and TM-M application along with the required supporting documentation and the appropriate fee. However, it should be reminded that any changes to the application that could materially alter the owner’s information, the goods and services description, or the declaration of mark use will not be permitted.
The Registrar has the final say over whether to approve the TM-M, and this decision is made after the amendment has been reviewed to ensure it satisfies all legal requirements.
- Errors in Data Entry: When a TM-M requests a repair for a typographical or clerical error in data entry, the Trademark Officer accepts the necessary documents and makes the necessary system adjustments with a note to that effect.
- Non-Permitted Changes: Frequently, applicants want to make significant changes to their original applications. But, since some details may change the substantial nature of the changes, they are not permitted. Information such as modifications to the trademark’s wordmark, logo, color specifications, claimed user date, class, category, or description are prohibited. This kind of alteration modifies the trademark application itself.
Procedure for Modifying a Trademark
The applicant may submit the amendment application by using the relevant form TM-M and attaching any necessary supporting documentation. You have two options for submitting your application: manually with the required fee, or online via E-Filing.
When an application is submitted, the Trademark Registry reviews it. In order to confirm the legitimacy of the application, the supervising trademark officer may seek any further information or supporting records.
Specific Information Needed for the Form:
There are three sections to the TM-M.
- The applicant or its representative has to submit the following information in the first section, Part A: the applicant’s name, address, phone number, email address, and nature; the applicant’s agent’s name, address, phone number, email address, and registration number for the original application.
- The person who applies or its agent must report any clerical errors made in the first application in Part B. Alternatively, if the request is submitted through the TM-M, they must give the information requested in the Form.
- Part C, which concludes, includes the relevant information about the person submitting the documents and the requester. While the government fee is INR 900, the cost of processing for the TM-M has become INR 1500 + GST.
Alteration of the trademark after registration?
Section 59, which establishes the following requirements for trademark amendment, permits trademark alterations.
- The Ministry will not permit the adjustment if the trademark search must be conducted by the public once more.
- It is acceptable for the corporation to decide to rename itself.
- It’s acceptable In the event that the business’s address has to be modified.
- It’s acceptable if a new license has been obtained or relinquished.
- It is permitted if there is a change in the control and usage, which typically occurs when a collective trademark is involved.
Nothing can be changed in the following situations:
- The entire trademark cannot be altered. It must be part of a newly submitted trademark application.
- The trademark’s list of products and services may be restricted, but it cannot be expanded.
Process for Modifying the Trademark (According to the 2017 Trademark Regulations).
- Any modification, removal, or alteration to any entry pertaining to a collective trademark or registered trademark will be submitted using the TM-O format.
- This form will be accompanied by a statement outlining all the relevant case facts, the reasons for the change, and the specifics.
- The application must be submitted by the Trademark Registry if it is made by someone who has not become an authorized user of the trademark registration.
- The application will be sent to each and every person who has registered as a trademark user in order to obtain their consent, if any.
- The application will then be sent to each registered as a brand user by the registrar within a month, and she will wait a further month in case any more questions arise.
- The change will be made in accordance with section 98 of the 2017 trademark regulations if no counterattacks are launched within three months of the service.
- If a question arises, it will be directed to the original applicant, who will have one month from the date of service to respond. During that time, he will have to justify the change and its necessity. The modification will be finished once all of the questions have been answered.
- A form TM-P will be submitted to the registrar in the event that the business’s / brand registered office address changes.
- Upon filing form TM-P, the application will be published for public viewing by the registrar; if no inquiry is received, the application will be altered. Before the registrar approves the final modification, any questions must be answered.