Modification of Trademark in India

 

Modification of Trademark in India

Introduction

A trademark is a recognizable symbol, design, or expression that identifies a company's products or services from those of others. It not only represents the brand but also safeguards the company's offerings from unauthorized use by others that could harm its reputation.


However, mistakes may occur during the application process for trademark registration due to oversight by the applicant. Fortunately, the Trade Marks Act includes provisions to rectify errors and mistakes in the registration application. In India, it is possible to modify a trademark at any time before or after registration in order to correct any details that may be inaccurate.

Modification of Trademark Before Registration

After applying for a trademark, if an error or mistake is discovered in the application, the applicant can request to correct it by submitting Form TM-M along with the necessary fee and supporting documents. This is typically done to rectify mistakes in filing details or data entry. However, it's important to note that significant changes that alter the proprietor's details, specification of goods or services, or use of the mark are not allowed to be made through this correction process. The purpose of this process is to allow minor corrections or modifications that do not substantially change the application's original intent or meaning.

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 the 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 color specification).
  •  Change in a class of trademark
  •  Addition of new specification of goods/services in a trademark application.

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