Alteration of a Registered Trademark

June 23, 2017

 

          A correction within the application for a trademark or an alteration during a registered is feasible below the Trade Marks Act. However, a bedrock that must be followed:

There ought to be no substantial amendment within the identity of the trademark.

 

The required alterations for registered trademarks are mentioned in Section 59 of the Trade Marks Act, 1999:

 

1. In order to add or alter the trademark to a degree that doesn't produce a control on the identity, the registered owner of the aforementioned trademark will apply to the registrar within the manner prescribed. the choice to change an equivalent lies with the registrar, who might or might not comply with the amendment. The registrar also can subject the amendment to limitations that will hold appear work.

 

2. Just in case such letter of invitation for an amendment is created, the registrar will opt to advertise the applying within the correct manner. If this will happen, then the registrar would look ahead to a prescribed fundamental measure for a third party to lift an objection to the publicized application. The registrar would take a judicial decision when hearing the parties concerned.

 

Read here concerning Trademark categories in India

 

There is a precise order relating pre-registration amendment of the trademark application. The order has been issued by the emblems written account. The order reads as follows:

 

Any request for modification that seeks a considerable alteration within the application for registration of trademark won't be allowed. Changes in details like those of the trademark, owner specifications, specification of goods/services (except the omission of existing items), any statement concerning the utilization of the mark won't be allowed. However, a letter of invitation for an amendment within the ownership of the trademark on the premise of a sound argument in terms of assignment or transmission; Associate in Nursing modification within the address of the applier or within the address of the service provider; Associate in Nursing deletion or inclusion of an item in merchandise and services concerning the world of sale, is also thought of.”

 

Basically, the Trade Marks Act doesn't curtail any scope of the amendment within the trademark as long because it follows bound rules, that are made public as follows:

 

1. The modification should not alter the use;

2. The date of usage stands because it was;

3. Details of the owner see no alteration within the request for the amendment;

4. Details concerning merchandise and services should not amendment with the modification.

 

If the request for your modification doesn't meet the said rules, we have a tendency to advise you to not build a request for alterations and file an application for a brand new trademark.

 

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