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February 09, 2018 Registrationwala

Amendments in Trademark Application

Trademark

Amendments in Trademark Application

Any person who desires to protect its logo, brand name, mark etc from being exploited by any third person must obtain the Trademark Registration. The trademark registration can be obtained by filing an online application with the Trademark Registry. It is very crucial for the applicant to take utmost care while filing a trademark application with the registry as only some minor changes are allowed. In case the amendment materially alters the application then the applicant must move a fresh application.

The treatment of the common amendments by the registrar is as under:

  1. Rectification in name or address of the applicant- The clerical mistakes incurred by the applicant are generally accepted by the registrar. Whereas the major changes like replacing the name of the applicant with some other person or changing the complete address will not be accepted.
  2. Trademark Rectification:In case theapplicant desire to make some significant changes in the mark altering the identity of the mark, the applicant is generally required to file fresh representations of the mark as amended for substitutions in his application. However in case the mark is in the colours and it is not possible for the applicant to furnish or would be put to undue expense in supplying representations of the proposed amended mark in the original colours, he is allowed to make changes in the original application in most convenient way without altering the identity in the mark.
  3. Rectification in date of use- While filing an application of Trademark registration it is crucial for the applicant to state the date or period from which the mark applied for registration has been continuously used in respect of the stated specification of goods. In case the applicant wants to make changes in the date of use it is his responsibility to satisfy the registrar by evidence to make such changes. It is very crucial to mention the correct date of use as it the affects the rights of parties by reason of priority in the adoption of the mark. If the registrar finds the amendment justified then he may allow such amendments.
  4. Change in class- Class of goods specified in the trademark application interprets the scope of the application. Depending upon the facts and circumstances of each case the registrar normally allows this kind of amendment.
  5. Amendment application time- Any applicant is empowered to make amendment in the application filed before its registration or rejection. However, filing amendment before the examination of the application is considered as a better option. In case amendment application is filed after examination report has been issued then the application needs a fresh examination by the examiner. Similarly, if the amendment application is filed after the trademark has been advertised then a re-advertisement is required. Further, if the amendment is moved after a third party opposed the registration then that third party need to be notified of the amendment.

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