Alteration to Registered Trademark
Posted: Aug 23, 2017
Trademark is a form of intellectual property. It can be changed or altered under the requirement of the section. Trademark can be changed or modified whenever a brand needs to be updated. In that case company or an entity wants it as a legal. Five Copies should be made and submitted along with application by proprietor on Form TM-38 if any alteration needs to be done. There should not be any effect on the identity of the concerned trademark according to Section 59(1). But, there are no such rules revealed to determine trademark identity effect. Trademark is impermissible and its introduction of a fresh element of even one character. The amendment is not permissible in case the proposed change needs a new search.
Permitted Alterations or Amendments
In the event of a change in name of the proprietor or address on the trademark label, permission is given for alterations or amendments. Trademark Address Change is not of particular importance. One can add the word limited to a company’s name. Suppose a signature is used to symbolize the name of the company then no change or alteration is permitted. If deemed necessary by the registrar he may publish the advertisement for change in the journal.
Any opposition to alteration of modification can be made in form TM-39 mentioning the basis for objections. A notice or stamen copy can be sent by the registrar to the proprietor or other persons and a counter statement can be filed on Form TM-6 after which provisions of rules 50 to 57 can be referred for any further opposition.
There are no extreme consequences if the counter-statement has not been filed or there is a delay by registered proprietor and the registrar will allow or deny such a counter-statement appeal after the hearing of the proprietor and the changed trade mark will be published in the Trade Marks Journal.
Alteration of Registered Trademark
Trademark act has all the laws for trademark alteration. According to the basic principle, there is need of substantial change in the identity of the trademark. The registered proprietor can apply to the registrar. In order to add or alter the trademark degree that does not create an impact on the identity.
Section 59 of The Trade Marks Act, 1999 specifies requirements for alteration of registered trademarks:
The registered proprietor of a trade mark may apply in the prescribed manner to the Registrar for leave to add to or alter the trade mark in any manner.
The Registrar may make an application under this segment be promoted in the recommended way regardless where it appears to him that it is practical to do as such, and where he does as such, if, inside the endorsed time from the date of the notice any individual pulls out to the Registrar in the recommended way of resistance to the application, the Registrar should, in the wake of hearing the gatherings if so required, choose the issue.
No, ask for revision might be permitted which looks for a generous adjustment in the application for enrolment of a trademark. The considerable alteration in the trademark, proprietor subtle elements, determination of merchandise/administrations (with the exception of erasure of a portion of the current things), articulation with regards to the utilization of stamp should not be allowed, However, ask for correction in the proprietorship of the trademark on the premise of substantial task or transmission; change in address of the candidate or in the candidate's address for benefit; cancellation or restriction of anything in the particular of products/administrations,- control/confinement in the range of offer of products/rendering of administration might be permitted."The amendment does not change the use and date of usage
- The amendment does not change details regarding goods and services
- The amendment does not change proprietor details
Mostly it is advisable to file new trademark application if your amendment does not meet the basic criteria
The decision to alter the same lies with the registrar, who may or may not agree to the change. The registrar can also subject the changes to limitations that may deem seem fit.
In case such a request for a change is made, the registrar can choose to advertise the application in the proper manner. If this does happen, then the registrar would wait for a prescribed time period for a third party to raise an objection to the advertised application. The registrar would take a final decision after hearing the parties involved.
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