Trademarks are very significant not only in terms of their significance in the business world but also in terms of their significance in the legal system. The use of trademarks is intended to establish ownership of a product and to provide assurance that the associated name and design will continue to be safeguarded. There are trademarks for businesses, catchphrases, pieces of music, and even individual products. The term “trademark” is often used to refer to both trademarks and service marks due to the similarities between the two. A service mark, which is distinct and separates the provider of a service as opposed to a product, functions in a manner that is comparable to that of a trademark. In this blog, we are going to discuss when & how to amend a registered Trademark in India.
Can a Trademark Be Altered After Registration?
The provisions of Section 59 and Rule 98 must be followed in order for modifications to be made to registered trademarks. The owner of a trademark is needed to submit an application using form TM-38 along with five copies of a representation of how the trademark will appear after any recommended adjustments have been made. If the owner of a trademark decides to make any changes to the mark, he or she is obligated to notify all of the registered users of the mark and provide those users with copies of the updated trademark as well as the application.
Any alteration or update to a trademark cannot “destroy or substantially undermine the originality of the trademark,” as stated in Section 59 (1) of the Trademark Act. The nature of the modification or amendment will determine the extent to which the unique quality of the trademark has been diminished as a result of the change. When it comes to determining whether or not the identity of a trademark has been seriously damaged, there is no one set of standards that is universally accepted.
If the intended change requires doing a new search, then the update cannot be performed at this time. There is not allowed to be the introduction of any new trademark components, not even a single new trademark character. It is against the rules to add the word “arrow” to a trademark for a product that already has an arrow, and it is also against the rules to establish a new product name by adding the word “Otrivin.”
The terms and circumstances for changing a trademark are laid forth in Section 59.
- If it is required to conduct an updated public search for the trademark, the government will refuse to allow the amendment.
- If it becomes necessary to alter the name of the firm, it is permissible to do so.
- It is not against the rules. In the case that the company’s address must be moved, the following applies: Either obtaining a new license registration or cancelling an existing one is within one’s legal rights.
- It is an appropriate explanation for a trademark renewal if there has been any shift in usage and control, as is customary with a collective trademark.
Amendment Is Forbidden For Few Things And Here Are The Reasons Why:
- Regarding the whole trademark, no changes are allowed under any circumstances. We are going to file a new trademark so that we can protect it.
- It is OK to confine the range of branded products and services, but expansion is not authorized under any circumstance.
Details Regarding the Forms and the Fees Related To Amend a Registered Trademark
When submitting a request for post-registration changes, you are required to take into account the TM-P form. One single request may be submitted at a time using this form. It is really necessary to fill out the application form correctly. Only the first claim to be made using a certain form will be evaluated, even if many claims are filed using that form. Changing one’s name, moving to a new location, having one’s rights assigned to another, and assigning ones rights to someone else each result in distinct fees. Since each of these issues is worthy of our thorough examination, let’s go over this list in the following order:
The registered owner has the ability to legally record the applicant’s name change by utilizing Form TM-P and paying a charge of prescribed fee using the form’s official fee.
Applicants who live outside of India are required to provide a copy of the trade registration or business register that verifies the name change in addition to their application. This copy must be certified or notarized.
Requests made by Indian nationals to alter their names must be supported by a certified copy of the documents proving the name change.
It is possible for the registered owner of a trademark to notify a change of residence by submitting the Registered Trademark TM-P form together with the official costs as prescribed per trademark.
Legal Documents Required:
If you are seeking a change of address outside of India, you are need to give a copy of your application that has been certified or notarized, as well as a copy of the trade registration or business register that displays the new location.
A certified copy of the relevant paperwork reflecting the applicant’s address change must be submitted with a request to update an Indian applicant’s address.
Procedure to Amend a Registered Trademark as Per the Trademark Rules 2017
Following Is The Procedure To Amend A Registered Trademark As Per Trademark Rules 2017:
- When there is a change to the creation, deletion, or modification of any trademark or collective trademark entry, the TM-O form has to be updated to reflect such changes.
- A comprehensive explanation of the events that led to the need for this adjustment will be included as a separate document in this form.
- Anyone who does not utilize a trademark is required to submit their application to the Trademark Registry.
- In order to get everyone’s approval, the application will first be sent to all of the individuals who have registered for the Trademark (if any)
- After a month has passed, the registrar will send the application to all of the people who are registered if there are any more questions.
- The adjustment shall be made in accordance with Section 98 of the Trademark Rules of 2017 if no objection is received within three months after service.
- When the user receives the inquiries, the original application will have one month to respond and indicate rationale for the update. If there are any questions, the original application will have this one month. The update will be finalized after all of the questions have been answered.
- Whenever there is an adjustment to the location of the company’s registered office, the registrar will be informed using the form TM-P.
- Following the submission of form TM-P, the registrar will publish the application in the public journal. The alteration will be put into effect if there are no objections to the publication. In the event that a query is sent, the registrant is required to wait until they get a response before accepting the alteration.
In the eyes of the general public, a trademark serves as an indication that a certain business has the requisite legal rights to make use of a specific brand. Trademarks, whether they are registered or not, are a form of intellectual property that may be owned by an individual. There is no expiration date on trademarks; nonetheless, consistent usage is necessary to safeguard the owner’s legal rights. There are many different reasons why a trademark owner would desire to make alterations to their trademark, or they might be obliged to make such modifications. After Completion of All Necessary Steps in the Registration Process.