Alteration of a Registered Trademark
A correction within the application for a trademark or an alteration during registration 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, 19To add or alter the brand to the degree that doesn't produce a control on the identity, the registered owner of the trademark above will apply the registrar within the prescribed manner. 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. If such a letter of invitation for an amendment is created, the registrar will opt to advertise the application correctly. If this happens, the registrar will look ahead to a prescribed fundamental measure for a third party to lift an objection to the publicised application. The registrar would take a judicial decision when hearing the parties concerned.
Read here concerning Trademark categories in India
There is a specific order relating pre-registration amendment of the trademark application. The order has been issued by the emblems written account. The proclamation 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, and goods/services (except the omission of existing items), any statement concerning the utilisation 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 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.”
The Trade Marks Act doesn't curtail any scope of the amendment within the trademark as long as 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 be amended with the modification.
If the request for your modification doesn't meet the said rules, we tend to advise you not to build a demand for alterations and file an application for a brand new trademark.
