Steps to alter existing trademark registration of the company
Posted: Nov 06, 2018
If you’re reading this blog, then we understand that you already know what trademark is and why it is critical for the company to get trademark registration done. In case, the information on trademark registration seems hazy to you, then don’t worry. We will have a quick revision of the same, and then, we will leap to know the steps involved in altering existing Trademark Registration of the company.What is a trademark?
A trademark is a symbol, logo, word, image, phrase, number, or combination of all these things that distinguishes a brand/company/business from others. A trademark in India is governed under the Trade Marks Act, 1999.
Although it isn’t necessary to get the trademark registration done, it is always recommended to go through the process.What is Trademark Registration and why is it important?
The trademark registration is an essential mechanism that protects a brand identity from unwanted use and infringement. No other business or brand can use the same name or logo or symbol or slogan of the registered trademark.
In case of infringement, the trademark can sue the other party for using the brand name, etc. without his/her permission.Alteration of Trademark registration
The alteration of the Trademark is indicated under Section 59 that puts certain conditions for the same:
- The ministry will not allow the alteration if the public search for the modification is required to be done again.
- The alteration is allowed if the name or address of the business needs to be changed.
- In case any new license registration has been taken or given up, then the alteration of the trademark registration is allowed.
- It is allowed if there’s some change in the usage and control arising mostly in case of a collective trademark.
Step1: The applicant can make any change in the making, obliterating, or varying of any entry related to the trademark in the Form TM-O.
Step2: Attach a statement declaring all the related facts and reasons to change the trademark registration of the company.
Step3: In case the application is filed by a person who isn’t a trademark registered user, then he will need to submit the application to the Trademark Registry.
Step4: The application will be forwarded to the registered users of the trademark to take their consent.
Step5: In the next step, the registrar will serve the application to each of the registered users within 1 month. If there are any more queries, then the registrar will wait for another one month.
Step6: If there are no counterattacks within the span of 3 months of the service, then as per Section 98 of the trademark rules, 2017 the alteration will be completed.
Step7: In case of counter-attacks, the application will be served to the original applicant for an answer within one month of the service to the user. The applicant must defend the alteration and its necessity. After all the objections are addressed, the alteration will be completed.
Step8: In case of a change in the registered office of the business, the applicant should file a form TM-P to the registrar.
Step9: After the application in form TM-P is filed, the registrar will publish the application in the Trademark Journal for the public. If no query is received within 4 months, the alteration for existing trademark registration will be done. In case of query, the same needs to be resolved before the final alteration is sanctioned by the registrar.Author is an Expert of Trademark Registration, Click here to know more about him.
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