Trademark Modification in India: Types and its Procedure

Trademark Registration is the first and foremost step towards building a brand and its security. Without registering your trademark, you cannot expand your brand worldwide. Sometimes the application for Trademark Registration is vulnerable due to some mistakes and errors. As preparation for modification of errors and mistakes, several provisions are arranged under the Trade Marks Act to correct all the details submitted in the registration application. Trademark Modification in India is possible prior to registration and post-registration also.

Trademark Rectification in India is a legal procedure for correcting or modifying an error and mistake found in a trademark’s details as recorded in the Register of trademark, after having registration of a trademark. A mark or logo or name has been incorrectly registered or may have stayed on a trademark register even after its expiry. The Trade Marks Act provide a facility to file rectification of the registered trademark. Scroll down to check more information regarding the types and the procedure of Trademark Modification in India.

What are the types of Trademark Modification in India?

There are two types of Trademark Modification in India, and you can check the same below:

Pre-registration Modification

Once a trademark is registered, the applicant can apply to correct a trademark application by filing application Form TM-M along with the prescribed fee and related documents. Basically, it is done when correction or modification of any error or mistakes is needed due to mistake in filing details and data entry. But no significant modification in an application can be permitted which may considerably change the proprietor’s details, specification of goods or service as to use of the mark.

As per the Act, the trademark modification in India would be allowed:

• If the modification does not change the use.
• If the usage date is not changed.
• If details concerning Goods and Services must not alter with the modification.

Pre-registration Modification can be started:

• By the applicant: In this case, the applicant wants to correct or alter an error or mistake made at the time of filing the application for trademark registration.
• By the Registry: If any errors or mistakes are found, the Registry may send back the trademark application for the alteration or modification. These applications are marked as “Formalities Check Fail” by the authority. The Registrar sends the trademark application to the applicant, along with the reasons. The applicant corrects the trademark application and again submit the same to the Registrar.

Post-registration Modification

After trademark registration, the different provisions governs and allows the modification of registered trademarks. The applicant requires filing in Form TM-P along with the altered and corrected trademark. It represents how a trademark will appear after the alteration. If the modifications are allowed after the trademark registration, then the modifications can be initiated by an applicant himself. It has been done when the applicant wants to modify or change the errors or mistakes and some details by an alteration. For occurrence, the modification is also allowed for a change in a business place, change in company’s name under which the trademark is registered. It is allowed, and it is the decision of the Registrar.

Also, Read: International Trademark Registration: A Simplified Guide

Modification of Trademark once it is registered

Trademark Modification in India is provided under Section 59 that has the following circumstances for the trademark modification:

• In case a public search for the trademark has to be done, then the trademark modification in India is not allowed.
• The modification will be allowed in case of altering or changing the business name.
• In case of modification in business address.
• In case a new license or registration has been taken or given up, then only the modification is allowed.
• If there will be a change in the control and usage, but mostly in case of the collective trademark, this type of modification is permitted.

Procedure for Trademark Modification in India

The applicant must apply Form TM-M or TM-P for a modification along with the supportive documents. The application mode may be physical or online filing by the payment with the specified fee. The Registrar and the officer will examine the application and seek the amplification about the documentation to prove the authenticity of an application.

Trademark Rectification Procedure in India

The application for trademark cancellation or rectification can be filed in a suggested form. The application for rectification will consist of the case statement, which is submitted along with the fee. Additional, the application is submitted to the IPAB (Intellectual Property Appellate Board) or the Registrar. On the application receipt, the Registrar will send a notice to an application to file a counter-statement. After filing a counter-statement, the matter will be reached at the stage of evidence. Then, the parties need filing the evidence in an affidavit form. After this, the hearing will be conducted, and afterwards, an order will be passed.

Procedure for Trademark Modification in India as per the Trademark Rules 2017 

• Any modification in the removing, making, or varying any details related to the trademark will be made in the Form TM-O.
• With the help of this Form, there will be a statement stating all the facts such as why it being changed or modifies, the details, and the reasons behind alter.
• If the application is completed by an individual who is not registered user of the trademark, they will have to submit the application to the Registry.
• The application proceeds further to all the individual who is registered users to take their agreement (if any).
• Then the Registrar will serve the application to the registered users within one month, and they will have to wait for the next month just in case of any queries.
• Within three months if there are no counter attacks, the modification will be done according to Section 98 of the Trademark Rules, 2017.
• If any questions come, it will be served to the application for giving the proper answers to the questions within one month of period to the user. They will have to defend the modification, and it’s essential. Once all the queries are solved, the modification will be done.
• If there is any alter in the address of the registered office of the business, then the applicant has to file a Form TM-P to the Registrar.
• Once the application is made in Form TM-P, the Registrar will publish the Trademark Journal application, in case no query is received, the modification is done. If any query raised, then it has to be fixed before the Registrar authorizes the final modification.

Conclusion

Trademark Modification in India is an extra load on an applicant and the Registry. It can stretch the trademark registration process as the addition of excessive processing time for the registration. So, to avoid any trademark modification in India, the proper remedies will be taken when filed and renewed. Taking essential measures to secure a unique trademark character and one must not abandon the mark.

Also, Read: Timeline for Trademark Registration Process in India